Kerala High Court
Sivanandan T.P vs R.S.Anu on 16 March, 2022
Con.Case(C) No.751/2020 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Wednesday, the 16th day of March 2022 / 25th Phalguna, 1943
CONTEMPT CASE(CIVIL) NO. 751 OF 2020(S) IN WP(C) 3769/2018
PETITIONER/PETITIONER
SIVANANDAN T.P,AGED 67 YEARS,S/O. LATE K.K. PADMANABHAN, NJRA-215,
AYILYAM HOUSE, NORTH JANATHA, ERROR VASUDEVA ROAD, PALARIVATTAM,
ERNAKULAM-682 025.
BY ADVS.C.RAJENDRAN, R.K.GOPALAKRISHNAN
RESPONDENT/1ST RESPONDENT
1. R.S.ANU,AGED 43 YEARS,W/O. G.JAYADEV, SECRETARY, COCHIN CORPORATION,
ERNAKULAM-682 011.
ADDL R2 IMPLEADED
MR.RAHUL,S/O RAGHUVARAN PILLAI,SECRETARY,COCHIN
CORPORATION,ERNAKULAM-682011
ADDL R2 IS IMPLEADED VIDE ORDER DTD 19/8/2020 IN IA 1/2020 IN COC
751/2020
ADDL R3 IMPLEADED
TECHNICAL EXPERT COMMITTEE (CONSTITUTED BY THE GOVERNMENT FOR
CORPORATION OF KOCHI IN TERMS OF RULE 11A OF THE KERALA MUNICIPALITY
BUILDING RULES),REPRESENTED BY THE SECRETARY,CORPORATION OF KOCHI
IS SUO MOTU IMPLEADED AS PER ORDER DATED 7/10/2020 IN COC 751/2020
BY SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION
This Contempt of court case (civil) having come up for orders on
16.03.2022, the court on the same day passed the following:
Con.Case(C) No.751/2020 2/4
DEVAN RAMACHANDRAN, J.
--------------------------------------------------
COC No.751 of 2020
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Dated this the 16th day of March, 2022
O R D E R
The question posed before this Court in this Contempt
Case is whether the Technical Expert Committee, constituted
under the provisions of Section 11A of the Kerala Municipality
Building Rules, have conducted themselves in the manner
required under the judgment in question.
The report of the Committee has been placed on record,
along with the affidavit of the respondent-Secretary of the
Corporation and I notice therefrom that they have - instead of
evaluating the damage and fixing compensation - gone ahead
to enumerate measures for the purpose of strengthening the
construction of the petitioner and that of the offending one.
Obviously, this was not what was expected of a Statutory
Committee.
Con.Case(C) No.751/2020 3/4
COC 751/20
The learned Standing Counsel for the Corporation will,
therefore, obtain specific instructions in this matter.
In the meanwhile, since the petitioner says that, as a
counterblast to the fact that he had approached this Court,
Annexure A4 notice has been issued to him, which requires him
demolish his building, I deem it appropriate to issue an order
to the respondents not to do so until further orders are issued
by this Court.
List this case for further consideration on 31.03.2022; until
which time, all further action pursuant to Annexure A4 will
stand deferred.
H/o
Sd/-
DEVAN RAMACHANDRAN,
RR/16.03.2022
JUDGE
16-03-2022 /True Copy/ Assistant Registrar
Con.Case(C) No.751/2020 4/4
APPENDIX OF CON.CASE(C) 751/2020
ANNEXURE A4 A COPY PHOTOCOPY OF THE ORDER DATED 11/02/2022 ISSUED
BY THE RESPONDENT CORPORATION TO THE PETITIONER
