Kerala High Court
Johnson.B vs The Corporation Of Thiruvananthapuram on 6 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.1800/2018 1/3 Order Date : 06-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Tuesday, the 6th day of February 2024 / 17th Magha, 1945
IA.NO.1/2024 IN WP(C) NO. 1800 OF 2018
APPLICANTS/PETITIONERS IN WPC:
1. JOHNSON.B, AGED 91 YEARS, BUSINESSS/O. LATE BENJAMIN,FIRE WOOD
DEPOT,EDAPAZHANJI, SASTHAMANGALAM PO.,THIRUVANANTHAPURAM PIN-695010
2. ADDL.P2. INDIRA JOHNSON, AGED 61 YEARS, DOMESTIC SERVANT, D/O. LATE
JOHNSON ,RESIDING AT EDAPAZHINJI,SASTHAMANGALAM.P.O,
THIRUVANANTHAPURAM-695 010
3. ADDL.P3. LILLY JOHNSON, AGED 54 YEARS, DOMESTIC SERVANT,D/O. LATE
JOHNSON, SHALOM HOUSE, C-52.T.V. NAGAR, VAYALKONAM, THIRUMALA,
THIRUVANANTHAPURAM - 695 564
4. ADDL.P4. RAJAN J, AGED 51 YEARS, COOLIE WORKER, S/O. LATE JOHNSON.
B, RESIDING AT ASWATHI BHAVAN, KCHANI, KARAKULAM VILLAGE AND P.O.,
THIRUVANANPURAM-695564.
5. ADDL.P5. BINDU GOPAKUMAR, AGED 50 YEARS, D/O. JOHNSON.B,
T.C.9/40,KOPAPAS-36, PAZHAYATTINKUZHI, EDAPAZHINJI, SASTHAMANGALAM
P.O, THIRUVANANTHAPURAM-695010 [LEGAL HEIRS OF THE SOLE PETITIONER
ARE IMPLEADED AS ADDITIONAL P2 TO P5 AS PER ORDER DATED 03.08.2023
IN I.A.1/2023 IN WP(C)1800/2018.]
RESPONDENTS/RESPONDENTS IN WPC:
1. THE CORPORATION OF THIRUVANANTHAPURAM, VIKAS BHAVAN PO.,
THIRUVANANTHAPURAMPIN-695036,REPRESENTED BY ITS SECRETARY
2. THE TOWN PLANNING OFFICER, CORPORATION OF THIRUVANANTHAPURAM,VIKAS
BHAVAN PO., THIRUVANANTHAPURAM, PIN-695036
3. SMT. BINDHU SREEKUMAR, AGED 40 YEARS, MUNICIPAL
COUNCILLOR,SREERANGAM LANE, SASTHAMANGALAM PO.,THIRUVANANTHAPURAM
PIN-695010
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the
respondents 1 and 2 not to take any coercive action pursuant to Ext.P9
notice issued to the 5th Applicant, 5th petitioner in the W.P, until the
disposal of the W.P
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.P.T.GIRIJAN, M.S.NARAYANAN, & USHA NARAYANAN, Advocates for P1,
M/S.R.LAKSHMI NARAYAN & R.RANJANIE, Advocates for P2 to P5 and of
SRI.SUMAN CHAKRAVARTHY,STANDING COUNSEL for R1 & R2 and of SMT.ALICE
THOMAS Advocate for R3, the court passed the following:
WP(C) No.1800/2018 2/3 Order Date : 06-02-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P (C) No.1800 of 2018
-------------------------------------------------
Dated this the 06th day of February, 2024
ORDER
This is an application to accept additional
document.
Heard. Allowed.
There shall not be any coercive proceedings as
against the petitioners (the legal heirs of the original
petitioner) pursuant to Ext.P9.
W.P (C)
Post for hearing.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C) No.1800/2018 3/3 Order Date : 06-02-2024
APPENDIX OF WP(C) 1800/2018
EXHIBIT P1: TRUE COPY OF THE JUDGMENT DATED 15.11.1996 OF THE
MUNSIFF COURT, THIRUVANANTHAPURAM
EXHIBIT P2: TRUE COPY OF THE PHOTOGRAPHS (3 IN NUMBER)
EXHIBIT P3: TRUE COPY OF THE JUDGMENT DATED 28.04.1998 IN OP
NO.8053 OF 1998
EXHIBIT P4: TRUE COPY OF THE JUDGMENT DATED 18.01.2002 IN OP
NO.28946 OF 1999
EXHIBIT P5: TRUE COPY OF RECEIPT NO.11441111437 DATED 17.01.2015
ISSUED BY THE THIRUVANANTHAPURAM CORPORATION
EXHIBIT P6: TRUE COPY OF REPRESENTATION SUBMITTED TO THE 1ST
RESPONDENT CORPORATION AND ACKOWLEDGEMENT ISSUED BY THE
CORPORATION, BOTH DATED 17.01.2015
EXHIBIT P7: TRUE COPY OF PHOTOGRAPHS (2 IN NUMBER)
EXHIBIT P8; TRUE COPY OF THE MEMO DATED 14.01.2018 ISSUED BY THE
2ND RESPONDENT
Exhibit P 9 THE TRUE COPY OF THE NOTICE DATED 28.12.2023 ISSUED BY
THE SECRETARY OF THE FIRST RESPONDENT TO BINDU JOHNSON
@ BINDU GOPAKUMAR, THE 5TH PEITITONER
