Rosy George vs The Municipal Corporation Of ...
2021 Latest Caselaw 11440 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                      WP(C).No.33623 OF 2014(C)


PETITIONERS:

      1        ROSY GEORGE
               AGED 46 YEARS
               W/O. T.I. GEORGE, THOLATH HOUSE, SANKARAMKULANGARA
               TEMPLE ROAD, POONKUNNAM.P.O., THRISSUR-680002.

      2        ISSAC GEORGE
               S/O. T.I. GEORGE, THOLATH HOUSE,
               SANKARAMKULANGARA TEMPLE ROAD, POONKUNNAM.P.O.,
               THRISSUR-680002.

               BY ADV. SRI.V.BINOY RAM

RESPONDENTS:

      1        THE MUNICIPAL CORPORATION OF THRISSUR
               REPRESENTED BY ITS SECRETARY, THRISSUR-680001.

      2        THE SECRETARY
               THE MUNICIPAL CORPORATION OF THRISSUR,
               THRISSUR-680001.

               R1 BY SRI. SANTHOSH P.PODUVAL, SC, THRISSUR
               CORPORATION


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                     2

WP(C).No.33623 OF 2014(C)


                                 JUDGMENT

Dated this the 8th day of April 2021

This writ petition is filed by the petitioners,

who are occupants of a shopping complex constructed

by the Thrissur Municipal Corporation namely,

Naduvilal shopping complex.

2. The grievance of the petitioners is that,

the Municipality is not permitting the petitioners to

use the cellar parking area in the shopping complex,

and it is accordingly that, sought for a writ of

mandamus directing the 2nd respondent i.e., the

Secretary of the Municipal Corporation to open the

cellar parking in the Naduvilal shopping complex

within a time frame to be fixed by this Court.

Petitioners have also sought for a direction to the

Secretary to restore the electricity facility for the

common area and water facility in the toilet of the

shopping complex.

3. Today when the matter was taken up, learned

Standing Counsel for the Thrissur Municipal

WP(C).No.33623 OF 2014(C)

Corporation Sri.Santhosh P.Poduval submitted that

already the Cellar parking is provided to the

occupants of the shopping complex and the water and

electricity facilities are also available in the

common area. In that view of the matter, I think it

is only appropriate that the writ petition is

disposed of recording the above submission.

Therefore after perusing the pleadings and

materials on record and hearing learned Standing

Counsel for the Municipal Corporation, this writ

petition is disposed of recording that, the cellar

parking area is available for the occupants to park

their vehicles and facilities are provided in the

common area as is sought for in the writ petition. If

there is any deficiency in the matter of the

facilities in the common area, it is for the

petitioners to approach the Secretary of the

Corporation and seek appropriate remedy.

Sd/-

SHAJI P.CHALY JUDGE hmh

WP(C).No.33623 OF 2014(C)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 P1. TRUE COPY OF THE RECEIPT DATED 10-

11-`14 IN THE NAME OF TH 1ST PETITIONER.

EXHIBIT P2 P2. TRUE COPY OF THE RECEIPT DATED 10-

11-14 IN THE NAME OF THE 2ND PETITIONER.

EXHIBIT P3 P3. TRUE PHOTOGRAPH SHOWING THE CLOSED ENTRANCE OF THE PARKING AREA.

EXHIBIT P4 P4. TRUE PHOTOGRAPHS OF THE DILAPIDATED AND ABANDONED STAGE OF THE PARKING AREA.

EXHIBIT P5 P4A. TRUE PHOTOGRAPHS OF THE DILAPIDATED AND ABANDONED STAGE OF THE PARKING AREA.

EXHIBIT P6 P4B.TRUE PHOTOGRAPHS OF THE DILAPIDATED AND ABANDONED STAGE OF THE PARKING AREA.

EXHIBIT P7 P4C.TRUE PHOTOGRAPHS OF THE DILAPIDATED AND ABANDONED STAGE OF THE PARKING AREA.

EXHIBIT P8 P5. TRUE COPY OF THE REPRESENTATION DATED 24-10-14.

RESPONDENT'S/S EXHIBITS:         NIL