IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 37215 of 2010(B) -------------------------- PETITIONERS: --------------- 1. THANUMOORTHY, SON OF KRISHNA IYER, AGED 59 YEARS, FROM TC 51/732, SAKUNTHALA MANDIRAM, PAPPANAMCODE.P.O, AND NOW RESIDING AT 2/18, RAJIV NAGAR, MELARANNOOR, KARAMANA, THIRUVANANTHAPURAM. 2. RAJAMMAL, WIFE OF THANUMOORTHY, AGED 53 YEARS, FROM TC 51/732, SAKUNTHALA MANDIRAM, PAPPANAMCODE.P.O., AND NOW RESIDING AT 2/18, RAJIV NAGAR, MELARANNOOR,KARMANA, THIRUVANANTHAPURAM. BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENTS : COUNTER PETITIONERS ---------------------------------- 1. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION BUILDINGS, MUSEUM JUNCTION, THIRUVANANTHAPURAM. 2. SYAMALA DEVI, TC 51/731, SYAMALALAYAM, CHARUVILA, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 3. ANITHA, TC 51/731, SYAMALALAYAM, CHARUVILA, PAPPANAMCODE.P.O.,THIRUVANANTHAPURAM. STANDING COUNSEL SRI.P.K.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 37215 OF 2010 -------------------------- Dated this the 22ndday of December, 2010 J U D G M E N T Ext.P17 order passed by the Hon'ble Ombudsman is under challenge in this writ petition. By that order, the Hon'ble Ombudsman directed the second respondent to reconstruct the retaining wall which exists along the northern boundary of the petitioners' land. Such an order happened to be passed in the light of Ext.P16 report submitted by the Regional Joint Director of Urban Affairs, Kollam after inspection of the properties belonging to the petitioners and the second respondent that the retaining wall separating the properties of the petitioners and the second respondent is in a dangerous condition and that it requires to be reconstructed. 2. It is not in dispute that the land belonging to the petitioners is situated 3.5 metres above the level of the land belonging to the second respondent on the northern side. A retaining wall separates the two properties. The Regional Joint Director of Urban Affairs, Kollam has reported that the retaining wall which has a length of 10 metres and a height of 2.7 metres is in a dangerous condition and it WPC No.37215/2010 2 has to be immediately demolished and reconstructed. It was in the light of the said report that the Hon'ble Ombudsman passed Ext.P17 order after considering the rival contentions. It is evident from Ext.P16 report that unless the retaining wall is reconstructed, it is likely to collapse. In such circumstances, I find no grounds to interfere with the direction issued by the Hon'ble Ombudsman in Ext.P17. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No.37215/2010 3 WPC No.37215/2010 4