IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 28955 of 2008(V) -------------------------- PETITIONER(S): --------------- P.K.CHAKKUNNY, S/O.P.C.KUNHIPALU 25/129, PAREKADAN HOUSE, AMBALAM ROAD TRIKKARA NORTH VILLAGE KOONAMTHAI, EDAPPALLY REP. BY P/A. HOLDER SRI.ARUN BABU.P.CHACKO, S/O.P.K.CHAKKUNNY, DO.DO. BY ADV. SMT.R.RANJINI RESPONDENT(S): --------------- 1. CORPORATION OF KOCHI, PARK AVENUE ROAD, ERNAKULAM, REP. BY ITS SECRETARY. 2. SECRETARY, CORPORATIN OF KOCHI, PARK AVENUE ROAD, ERNAKULAM. 3. ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF KOCHI PARK AVENUE ROAD, ERNAKULAM. 4. ARUN KUMAR, ARUN NIVAS, 41/3220 AYYAPANKAVU , KOCHI-18. ADV. SRI.SAJAN VARGHEESE K. FOR R4 SRI.LIJU. M.P FOR R4 SRI.C.M.SURESH BABU,SC,COCHIN CORPORATI FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 28955 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th November, 2008. J U D G M E N T The dispute in this writ petition is as to whether the building occupied by the petitioner as a tenant, which building is owned by the 4th respondent, is in a dangerous condition has to be demolished. According to the 4th respondent, it is in such a dangerous condition that if it is not demolished immediately, it would cause danger to not only the occupants but also the public. This is strongly disputed by the petitioner. According to the petitioner, the building is not in a dangerous condition so as to attract Section 411 of the Kerala Municipality Act. 2. I am not inclined to go into the merits of the contentions now. I am of opinion that the matter should be considered by the Corporation after hearing the petitioner as well as the 4th respondent and obtaining a detailed report from the building inspector, who shall inspect the building and file a detailed report, copies of which shall be made available to the petitioner as well as the 4th respondent. The petitioner has already filed Ext. P9 objections to the proposal for demolishing the building. If the 4th respondent so wishes, he also can file his pleadings in the matter before the Corporation. The Corporation shall take a final decision in the matter after hearing both sides, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.