Greenfield Residents & Plot ... vs Corporation Of Thrissur
2021 Latest Caselaw 17891 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                    WP(C) NO. 15270 OF 2021
PETITIONER :-

          GREENFIELD RESIDENTS & PLOT OWNERS ASSOCIATION
          REPRESENTED BY ITS SECRETARY, TONY P THEKINYATH ,
          S/O.PAUL, AGED 62 , THEKINYATH HOUSE, GREENFIELD,
          AYYANTHOLE P.O., THRISSUR - 680 003.

          BY ADVS.
          A.BALAGOPALAN
          P.SEENA
          ASHER REVI JOB


RESPONDENTS :-

    1     CORPORATION OF THRISSUR,
          REP. BY ITS SECRETARY, M.O. ROAD, THRISSUR - 680 001.

    2     ASSISTANT ENGINEER,
          CORPORATION OF THRISSUR, AYYANTHOLE, ZONAL OFFICE,
          AYYANTHOLE P.O., THRISSUR - 680 003.

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




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15270 OF 2021

                                 -: 2 :-


                             JUDGMENT

Dated this the 1st day of September, 2021

This writ petition is filed challenging Ext.P1 order issued by the

1st respondent Corporation. It is submitted by the learned counsel for

the petitioner that Ext.P1 decision, which has been taken to remove

the gate which has been erected on the road leading to the

residential colony, has been passed without hearing the petitioner

which is an association of the residents of the colony.

2. The learned counsel appearing for the respondents would

submit that it was on the request of some of the residents of the

colony itself that an order in the nature of Ext.P1 was issued.

3. Having considered the contentions advanced, I am of the

opinion that the issue is to be considered by the 1 st respondent with

notice to all concerned.

There will, accordingly, be a direction to the 1st respondent

to issue notice to the petitioner association as well as the residents of

the colony and to consider the contentions of the parties and pass

appropriate orders in accordance with law. The petitioner and the

other residents will be free to produce any material before the 1 st WP(C) NO. 15270 OF 2021

respondent with regard to the title to the property and the ownership

of the road in question. The issue shall be considered within a period

of two months from the date of receipt of a copy of this judgment.

The interim order shall remain in force till then.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/6.9.2021 WP(C) NO. 15270 OF 2021

APPENDIX OF WP(C) 15270/2021

PETITIONER EXHIBITS

Exhibit P1 IMPUGNED ORDER BEARING NO. AYL/PW/1623/21 DATED 07.07.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 ENVELOP IN WHICH THE EXHIBIT P1 ORDER WAS RECEIVED.

Exhibit P3 LIST OF MEMBERS OF THE PETITIONER ASSOCIATION.