Francis Assisi vs Thrissur Corporation
2024 Latest Caselaw 4933 Ker

Kerala High Court

Francis Assisi vs Thrissur Corporation on 9 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
           Friday, the 9th day of February 2024 / 20th Magha, 1945
               UNNUMB.IA.NO.1/2024 IN WP(C) NO. 23444 OF 2021
PETITIONER:

     INFANT JESUS CONVENT, ARANATTUKARA, THRISSUR-680 611, REPRESENTED BY
     ITS MOTHER SUPERIOR

RESPONDENTS:

  1. FRANCIS ASSISI, AGED 63 YEARS, S/O. JOSEPH, RESIDING AT THATTIL
     MANDY HOUSE, PUTHENPEEDIKA P.O, THRISSUR-680 642
  2. THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION
     OFFICE, THRISSUR-680 001
  3. THE ASSISTANT ENGINEER, THRISSUR CORPORATION, ZONAL OFFICE,
     AYYANTHOLE, THRISSUR-680 003

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to clarify the
judgment and make it clear that the judgment dated 23.08.2023 did not
permit the property of the petitioner to be surveyed in respect of the
title documents marked as Ext-A8 and A9 in Ext.R3(a), which is found
against by the Civil Court, in the interest of justice.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, this court's order dated
23.08.2023 and upon hearing the arguments of SHRI. RAJIT, Advocate for
petitioners, M/S. T.C.SURESH MENON & B.DEEPAK, Advocates for R1 and of
SHRI. SANTHOSH P.PODUVAL, SC for R2 & R3, the court passed the following:
                         N. NAGARESH, J.
                        ----------------------------
                      Unnumbered I.A of 2024
                                     in
                    W.P. (C) No.23444 of 2021
             --------------------------------------------------
              Dated this the 9th day of February, 2024

                              ORDER

W.P.(C) No.23444 of 2021 was disposed of

with the following directions:

Counsel for the 3rd respondent submits that the 3rd respondent does not have any objection in a competent Surveyor conducting a survey of the property.

In the afore facts, the writ petition is disposed of directing the 1st respondent- Corporation to conduct a survey of the property with the assistance of Taluk Surveyor and take appropriate decision in the matter, however, keeping in mind the civil case pending before the Hon'ble Apex Court. The survey ordered by this judgment will be only for the purpose of considering Building Rule violations. The said survey should not in any manner affect the civil proceedings pending before the Hon'ble Apex Court.

2. The 3rd respondent in the writ petition has now

come up with I.A No.1 of 2024 seeking a clarification. I.A No.1 of 2024 in WP(C) No.23444 of 2021

3. The petitioner in the I.A points out that the

petitioner is trying to create evidence to circumvent the

orders of the civil Court, by misleading the authorities. This

Court, in its judgment, has clearly held that the survey of the

property must be done keeping in mind the civil case

pending before the Hon'ble Apex Court and that the survey

should not in any manner affect the civil proceedings

pending before the Hon'ble Apex Court. The petitioner is

interpreting the said judgment, by influencing the authorities

to conduct survey in respect of the fraudulently created

document. If the said aspect is not clarified, I will be put to

irreparable injury and loss.

Going through the directions given by this Court

and the clarifications now sought, I find that the judgment of

this Court is clear and no clarification is warranted.

Therefore, the I.A is dismissed.

Sd/-

N. NAGARESH JUDGE AMR