Kerala High Court
Iype Mathai vs Vadavukodu Puthencruz Grama ... on 18 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 18th day of November 2021 / 27th Karthika, 1943
IA.NO.1/2021 IN WA NO. 1319 OF 2016
AGAINST JUDGMENT DATED 17.06.2016 IN WPC 15370/2016 OF THIS COURT.
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PETITIONERS/APPELLANTS:
1.IYPE MATHAI,SON OF IYPE,PERAMBIKUZHI HOUSE,
AMBALAMEDU P.O., ERNAKULAM DISTRICT.
2.JOSE, SON OF MATHAI,PERAMBIKUZHI HOUSE,
AMBALAMEDU P.O.,ERNAKULAM DISTRICT.
RESPONDENTS/RESPONDENTS:
1.VADAVUKODU - PUTHENCRUZ GRAMA PANCHAYATH, PUTHENCRUZ,
ERNAKULAM DISTRICT-682 308,REPRESENTED BY ITS SECRETARY.
2.THE PRESIDENT, VADAVUCODU - PUTHENCRUZ GRAMA PANCHAYATH,
PUTHENCRUZ, ERNAKULAM DISTRICT- 682 308.
3.M.A.JOSE,AGED 60 YEARS,SON OF AUGUSTHY,MALOTH HOUSE,
KUZHIKKADU, AMBALAMEDU P.O, ERNAKULAM DISTRICT-682 303.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to permit the
petitioner to put in use the entire building and to conduct businesses in
the ground floor of the building and also to occupy the remaining floors
of the building, pending disposal of the above Writ Appeal.
This Application coming on for orders on 18/11/2021 upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of M/S.K.M.SATHYANATHA MENON & KAVERY S.THAMPI,
Advocates for the petitioners and of SRI.SAJI VARGHESE
KAKKATTUMATTATHIL, Advocate for R3 the court passed the following:
P.T.O.
ANNEXURE C:A TRUE COPY OF THE JUDGMENT DATED 01.07.2020
OF THIS HON'BLE COURT IN W.P.(C) No.23724/2016.
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S.Manikumar, C.J.
&
Shaji P.Chaly, J.
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I.A.Nos.1 & 2 of 2021
in
W.A.No.1319 of 2016
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Dated this the 18th day of November, 2021
ORDER
S.Manikumar, C.J.
Pending disposal of W.A.No.1319 of 2016, appellants have
filed two applications, I.A.No.1 of 2021 for a direction to permit
them to put in use the entire building; to conduct business in the
ground floor of the building and also to occupy the remaining
floors of the building.
2. They have also filed I.A.No.2 of 2021 for a direction to
accept Annexure C, copy of the judgment rendered in W.P.
(C)Nos.27148 of 2015 and 23724 of 2016 dated 01.07.2020, as
additional document in the writ appeal.
3. The reasons assigned in the common affidavit filed in
support of the applications are as hereunder:
I.A.1 & 2 of 2021 in W.A.1319 of 2016
"2. It is submitted that in the disputed building the
appellants and their family including two children are
residing in two rooms as permitted by this Hon'ble court. The
1st appellant is now aged 82 years and now facing with lots
of medical/health issues. The only livelihood of the
petitioner is the income from shop rooms in the ground
floor wherein the small shops were conducted by the
petitioner herein. The appellants are not having any other
property, residential houses or building. Now due to the
orders impugned the petitioners are in difficulties. It is
submitted that the petitioners are keeping the property very
clean and neat. In the meanwhile, highlighting the one and
the same issue a writ petition was preferred by Jana
Sambarka Samithi as W.P(C) No. 27148/2015. Consecutively
this Hon'ble court also registered a Suo Moto case as
W.P(C).No.23724/2016. In the said cases the petitioner
herein was arrayed as 14th respondent. The above matter
was heard and decided by the Division Bench of this Hon'ble
court as per the common judgment dated 01.07.2020. In the
said judgment entire issues were discussed and decision was
rendered about the migrant labourers. The migrant
labourers used to stay in some portion of the building of the
petitioners for the purpose of construction work of the BPCL
Cochin Refinery. Now the major works were over and the
labourers have left the place. All this issues were considered
and the writ petition was disposed of with certain directions.
A true copy of the judgment dated 01.07.2020 of this
I.A.1 & 2 of 2021 in W.A.1319 of 2016
Hon'ble court in W.P(C).No.23724/2016 is produced herewith
and marked as Annexure C.
3. It is submitted that the petitioners are in acute
financial crisis and jobless. The mother of the 2 nd petitioner
and the wife of the 1st appellant is also sick and later got
seriously affected with Covid-19 and ultimately succumbed
to death on 04.04.2021. Now the petitioner and others are
not having any other way to pull over their life. Hence it is
highly necessary to permit the petitioners to use the entire
building and permit the petitioners to conduct businesses in
the ground floor and also to occupy the remaining floors of
the building. If the said request of the petitioners is not
allowed, the petitioners would be put to much suffering and
hardships."
4. As regards I.A.No.1 of 2021, for the use of building as
stated supra, Mr.Saji Varghese Kakkattumattathil, learned
counsel for respondent No.3, seeks time to file objections.
5. Mr.Saji Varghese Kakkattumattathil, learned counsel
for respondent No.3 further submitted that the entire building
has been constructed illegally without permission and
therefore, the prayer in I.A.No1 of 2021 should not be granted.
I.A.1 & 2 of 2021 in W.A.1319 of 2016
6. Learned counsel appearing for Vadavukodu Puthencruz
Grama Panchayat is directed to ascertain as to whether there is
any previous litigation as regards construction of the building
or usage, as the case may be.
7. Insofar as I.A.No.2 of 2021, filed to receive the copy of
the abovesaid judgment, there is no objection raised by the
respondents. Placing on record the above, I.A.No.2 of 2021 is
ordered.
8. Registry is directed to accept Annexure C on record.
9. As regards the prayer in I.A.No.1 of 2021, respondents
to file their counter affidavit/statement as the case may be,
with all supporting documents.
Post on 07.12.2021.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
18-11-2021 /True Copy/ Assistant Registrar
