Kerala High Court
Thrissur Corporation vs Maheswari S on 6 February, 2024
Author: V.G.Arun
Bench: V.G.Arun
W. A. No. 163 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WA NO. 163 OF 2024
AGAINST THE JUDGMENT WP(C) 27136/2019 OF HIGH COURT OF
KERALA
APPELLANT/S:
1 THRISSUR CORPORATION,
REPRESENTED BY ITS SECRETARY THRISSUR
CORPORATION, THRISSUR 680 001, PIN - 680001
2 SECRETARY,
THRISSUR CORPORTION, THRISSUR 680 001, PIN -
680001
3 ASSISTANT ENGINEER,
SECTION 1, ELECTRICITY DEPARTMENT, THRISSUR
CORPORATION, PIN - 680001
BY ADV.
SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION
RESPONDENT/S:
1 MAHESWARI S
AGED 44 YEARS
W/O. SHANMUGAM P(LATE0 NAVAMANI HOUSE,
KOLAZHIKARAN ROAD 36, KANNANKULANGARA,
KOORKENCHERRY P.O, THRISSUR 680 007, PIN - 680007
2 SAKTHI S,
AGED 18 YEARS
S/O. SHANMUGAM P (LATE) NAVAMANI HOUSE,
KOLAZHIKARAN ROAD 36 KANNANKULANGARA,
KOORKENCHERRY P.O, THRISSUR 680 007, PIN - 680007
3 JAYALAKSHMI S,
AGED 15 YEARS
W. A. No. 163 of 2024
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MINOR, REPRESENTED BY HER MOTHER GUARDINAN AND
NEXT FRIEND MAHESWARI S, AGED 44 YEARS, W/O.
SHANMUGAM P(LATE) NAVAMANI HOUSE, KOLAZHIKARAN
ROAD 36, KANNANKULANGARA, KOORKENCHERRY P.O,
THRISSUR 680 007, PIN - 680007
4 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001, PIN - 695001
5 VINU C. KUNJAPPAN
SECRETARY, MUNICIPAL CORPORATION, KANNUR-670001
SUO-MOTU IMPLEADED AS PER ORDER DATED 16/06/2023,
PIN - 670001
OTHER PRESENT:
ADV. THULASI K. RAJ FOR R1 T0 R3; ADV. G.
SANTHOSH KUMAR FOR R5; SR.GP. V.TEKCHAND
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. A. No. 163 of 2024
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JUDGMENT
A. J. Desai, C. J.
By way of the present appeal filed under Section 5 of the
Kerala High Court Act, 1958, the original respondents 2 to 4 have
challenged the judgment dated 13.12.2023 in W. P. (C) No. 27136
of 2019 by which the learned Single Judge has directed the present
appellant Corporation to pay a sum of Rs. 50,000/- towards damages
for demolishing the bunk shop of the original petitioners in violation
of the interim order granted during the pendency of the writ petition.
2. Learned counsel for the appellants would submit that the
learned Single Judge has committed an error in holding the
Corporation responsible for the alleged violation of the interim order
and also fixing the liability to pay compensation in the absence of
any such pleadings in the writ petition.
Having heard the learned counsel for the respective parties and
going through the materials on record, we are of the opinion that the
Corporation cannot evade the responsibility to pay the damages for
demolishing the bunk shop of the original petitioners in violation of
the interim order. Therefore, we do not find any reason to interfere
with the judgment impugned in this appeal.
The writ appeal is accordingly dismissed. Pending
Interlocutory Applications, if any, shall stand closed.
Sd/-
A. J. DESAI
CHIEF JUSTICE
Sd/-
V. G. ARUN
JUDGE
Eb
