IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 34617 of 2008(U) -------------------------- PETITIONER(S): --------------- 1. P.J. KURIAN, AGED 61 YEARS, RESIDING AT FLAT NO. 879 C, WHITE CASTE APARTMENT, MAROTICHODU ROAD, EDAPALLY, ERNAKULAM. 2. KURIAKOSE, AGED 54 YEARS, RESIDING AT FLAT NO. 879 G, WHITE CASTE APARTMENT, MAROTICHODU ROAD, EDAPALLY, ERNAKULAM. 3. ROSAMMA ABRAHAM, AGED 61 YEARS, RESIDING AT FLAT NO. 879 E, WHITE CASTE APARTMENT, MAROTICHODU ROAD, EDAPALLY, ERNAKULAM. 4. AKSHAY SATISH VARMA, AGED 21 YEARS, RESIDING AT FLAT NO. 879 M, WHITE CASTE APARTMENT, MAROTICHODU ROAD, EDAPALLY, ERNAKULAM. BY ADV. SRI.C.S.MANU SRI.ANOOP JOSEPH RESPONDENT(S): --------------- 1. THRIKKAKARA GRAMA PANCHAYATH, REPRESENTED BY PANCHAYATH SECRETARY, THRIKKAKARA, ERNAKULAM DISTRICT. 2. THE SECRETARY, THRIKKAKARA GRAMA PANCAHYATH, THRIKKAKARA. SHRI.SHANAVASKHAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.34617 of 2008 ================== Dated this the 28th day of November, 2008 J U D G M E N T The petitioners are owners of flats in an apartment complex viz., “White Castle” at Edappally. Their grievance is that the 1st respondent Panchayat has demolished part of the apartment complex and is taking further steps to demolish more of the same. The petitioners submit that this is being done without any notice or hearing to the petitioners. The petitioners, therefore, seek the following reliefs: “i) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent No.2 to issue a copy of order authorizing demolition of any structure in the premises of the residential apartment White Castle and provide the petitioners an ample opportunity to hem to show cause against the order of demolition. ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to keep in abeyance the order for demolishing any structure in the premises of the residential apartment White Caste at Edappally till the petitioners are herad in the matter.” 2. The learned Standing Counsel appearing for the 1st respondent-Panchayat submits that complaints were received to the effect that the area earmarked for car parking has been used for construction of flats and therefore, notice was issued to the w.p.c.34617/08 2 original owner of the apartment complex, who realising that the construction is unauthorised, demolished the portion himself and the Panchayat has not demolished any building. The Standing Counsel further submits that if any demolition is actually undertaken by the Panchayat, that would only be after issuing notice to all the affected and hearing them. This is recorded and the writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.34617/08 3