IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 13638 of 2008(W) ----------------------------------------- PETITIONER(S): -------------------------- K.S.SANTHOSH, AGED 50 YEARS,S/O.SOMAN, KADAVUNKASSERI HOUSE, EDAVANAKADU P.O, ERNAKULAM. BY ADVS. MR.T.N.SURESH, MR.ROY THOMAS. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT. 2. ACCOMMODATION CONTROLLER AND TAHSILDAR, KOCHI. 3. BALAKRISHNAN, EDAYILVEEDU, NAYARAMBALAM P.O. 4. CHANDRAN VAIDYAR, THUNDATHIL HOUSE, SOUTH MALIPPURAM, PUTHUVYPPU P.O. 5. T.G.SUNDARESAN, THACHANGADU HOUSE, EDAVANAKADU P.O. 6. B.V.ASHARAF, KOYALIPARAMBIL HOUSE, ANIYIL, EDAVANAKADU P.O. R1 & R2 BYGOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13638/2008 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 24/01/2008 IN A.C.P.NO.2/2007/M2 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13638 OF 2008 ------------------------------------------- Dated this the 5th day of February, 2010 JUDGMENT Ext.P1 decision issued by the Accommodation Controller & Tahsildar, Kochi is under challenge. The direction that the building should be re-constructed and handed back to the tenant cannot be sustained having regard to the jurisdiction that the Accommodation Controller has. However, in view of the finding in the second paragraph of Ext.P1 that the building is in a dilapidated stage, it requires to be pulled down. It is ordered that the direction to pull down the building will stand. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.09/02.