IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 17760 of 2007(L) -------------------------------------- PETITIONERS: --------------------- 1. SMT. P.A.KOMALAM, AGED 64, W/O LATE NARAYANAN, MAPPILASSERY, NOW RESIDING AT THEKKE THAMMANATH HOUSE, THEKKUMBHAGAM, TRIPUNITHURA. 2. VALSAN T.N., AGED 36, S/O LATE NARAYANAN, -DO-. 3. THAMPI T.N., AGED 33, S/O LATE NARAYANAN, -DO-. BY ADVS. MR.VARGHESE C.KURIAKOSE, MR.PRAVEEN K. JOY, MR.E.M.MURUGAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ASST. EXE. ENGINEER, PWD ROADS, SUB DIVISION, ERNAKULAM. 3. THE TRIPUNITHURA MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, TRIPUNITHURA. R1 & R2 BY GOVT. PLEADER MR. V. TEKCHAND, R3 BY ADV. MR.V.M.KURIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17760/2007-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEATH CERTIFICATE OF SHRI NARAYANAN. EXT.P.2: COPY OF THE COMMUNICATION ISSUED BY THE R.3. EXT.P.3: COPY OF THE JUDGMENT IN APPEAL NO. A.S. NO. 54/1991. EXT.P.4: COPY OF THE DECREE IN APPEAL NO. A.S. NO. 54/199. EXT.P.5: COPY OF THE JUDGMENT DTD. 03/02/2003 IN O.P. NO. 1840/1994. EXT.P.6: COPY OF THE REPRESENTATION DTD. 14/03/2006 SUBMITTED BY THEM TO THE R.3. EXT.P.7: COPY OF THE JUDGMENT IN O.S. NO. 1025/1997. EXT.P.8: COPY OF THE NOTICE DTD. 25/05/2007. EXT.P.9: COPY OF THE OBJECTION SO PREFERRED BY THE PETITIONERS 1 AND 2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No.17760 OF 2007 ......................................................................... Dated this the 7th April, 2009 J U D G M E N T The Writ Petition is filed challenging Ext. P8 notice dated 25.05.2007, particularly referring to the outcome of O.S.No.1025 of 1997 of the Munsiff's Court, Ernakulam. 2. The learned Government Pleader, on the basis of the instructions received, submits that the action being pursued is only in respect of the property comprised in Sy. No.1453//11; whereas the property admittedly belonging to the petitioners is in Sy. No.1453/6. That apart, when the matter came up for consideration before this Court on 13.06.2007, this Court had passed an interim order of stay as prayed for, directing the respondents No.1 and 2 not to demolish the building bearing Door No.632/21 (the old number was 733/16 and referred to as Door No.EL./XXVI/599 in Ext.P8). It was also made clear in the said interim order that the said order will not preclude the respondents from proceeding further after issuing a notice to the petitioners, affording them an opportunity of hearing and to adduce evidence, passing a speaking order. It has also been W.P.(C) No.17760 OF 2007 2 observed that while passing the said order, that the respondents shall consider the earlier judgment of the Civil Court regarding the right of the petitioners over the property in question. 3. The learned counsel appearing for the petitioners, the learned Standing Counsel for the third respondent/Municipality as well as the learned Government Pleader submit that the position as on this date can be ascertained only after getting necessary instructions from the parties concerned. Obviously, the interim order passed by this court takes care of the adverse circumstances met by the petitioners and it casts a liability on the concerned respondents to pass a speaking order before proceeding with further steps. This being the position, the interim order dated 13.06.2007 is hereby made absolute and it is declared that the respondents can proceed with further steps only after finalising the issue as made clear by this Court vide the interim order dated 13.06.2007. The Writ Petition is disposed of accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk