IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 31499 of 2008(Y) -------------------------- AGAINST THE ORDER IN EP 172/08 IN OS.1203/1997 OF PRL.M.C.,ERNAKULAM .................... PETITIONERS: -------------------- 1. HOTEL MEGHA, BANERJI ROAD, ERNAKULAM, REGISTERED FIRM, REPRESENTED BY ITS MANAGING PARTNER M.J. THOMAS, (THOMAS JOSEPH), S/O. JOSEPH, M/S HOTEL MEGHA, BANERJI ROAD, ERNAKULAM. 2. M.J. THOMAS (THOMAS JOSEPH), S/O. JOSEPH AGED 47, MANAGING PARTNER, HOTEL MEGHA, BANERJI ROAD,, ERNAKULAM. BY ADV. SRI.JOHNSON MANAYANI RESPONDENT : ------------------------- P.K. ISSAC, S/O. P.V. KURIAN, AGED 67 YEARS, RESIDING AT TRIKANARVATTOM DESOM, COCHIN -18,. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------ W.P(c) No. 31499 of 2008 ------------------------------ Dated this the 30th day of October, 2008 JUDGMENT Heard counsel for petitioners. Respondent filed suit for mandatory injunction for demolishing the unauthorised construction being in violation of the relevant provisions of the Kerala Building Rules. Suit was decreed. That decree was confirmed in appeal and second appeal. Respondent initiated execution proceedings to enforce the decree. Petitioners filed objection to the execution petition. Respondent filed Exhibit P4, application for demolishing the portion of the building which was found to be unauthorised. Petitioners filed Exhibit P5, objection and that objection was overruled by the executing court as per Exhibit P6. That order is under challenge. 2. Though counsel for petitioners contended that Exhibit P6 order is not legal or proper, I do not find any reason to think so. The only objection raised as per Exhibit P5 is that if the structure is demolished, that will cause loss and inconvenience to the petitioners. That is not a matter for consideration before the executing court. W.P(c) No. 31499/2008 2 Therefore, executing court is justified in rejecting the objection. 3. At this stage, counsel for petitioners stated that petitioners are prepared to demolish the unauthorised structure and requested for a few days' time. Counsel also stated that if the unauthorised structure is demolished through the Amin that will adversely affect the electric and water connections. 4. In the light of submission made by the learned counsel and all other relevant factors, I direct that the execution proceedings will stand adjourned till 5/11/2008. In the meantime, it will be open to the petitioners to approach executing court and make request in the manner stated in para 3 above. Writ petition is disposed of as above. THOMAS P. JOSEPH, JUDGE scm