Kerala High Court
Sherin Hafees vs M.G.Mathew on 27 May, 2024
Author: V.G.Arun
Bench: V.G.Arun
WA No.795/2021 1/5
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
Monday, the 27th day of May 2024 / 6th Jyaishta, 1946
IA.NO.1/2023 IN WA NO. 795 OF 2021
AGAINST JUDGMENT DATED 25.03.2021 IN WP(C) 6666/2017 OF THIS COURT
PETITIONER/APPELLANT:
SHERIN HAFEES, W/O.ABDUL WAHAB HAFEES,GARDEN HEIGHTS-APARTMENT
NO.1,TC 4/1783-6, BELL HAVEN GARDENS,KOWDIAR,TRIVANDRUM-695 003.
RESPONDENTS/RESPONDENTS:
1. M.G.MATHEW, HIG 31,PANAMPILLY NAGAR P.O., KOCHI-682 036.
2. SUMA JACOB KORAH, HIG 32, PANAMPILLY NAGAR P.O., KOCHI-682 036.
3. DR.AJITHA RAGHAVAN. HIG 37,PANAMPILLY NAGAR P.O., KOCHI-682 036.
4. DEEPAK K.SHAH, HIG 41, VPANAMPILLY NAGAR P.O., KOCHI-682 036.
5. ELSY DAYALOO, HIG 33,PANAMPILLY NAGAR P.O., KOCHI-682 036.
6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,LOCAL
SELF GOVERNMENT DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM P.O.-695 001.
7. THE GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA
P.O.,KOCHI-682020. REPRESENTED BY ITS SECRETARY.
8. AL-AMEEN EDUCATION TRUST, EDAPPALLY P.O.,KOCHI-24, REPRESENTED BY
ITS CHAIRMAN-A.A.KOCHUNNY.
9. MIDLAND RUBBER AND PRODUCE CO.LTD., 27/1032,PANAMPILLY NAGAR P.O.,
ERNAKULAM-682 036.
10. THE SECRETARY, COCHIN CORPORATION, COLLEGE P.O.,.KOCHI-682 011.
11. COCHIN CORPORATION, COCHIN,REPRESENTED BY THE SECRETARY, COLLEGE
P.O.,KOCHI-682 011.
12. N.R.JOSEPH, S/O.N.O.RAPPAI,HIG-22, PANAMPILLY NAGAR P.O.,KOCHI-682
036.
13. THE PANAMPILLY NAGAR WELFARE ASSOCIATION, REPRESENTED BY ITS
SECRETARY, GEORGE P.KORAH,S/O.V.M.KORAH, KAIRALI
APARTMENTS,PANAMPALLY NAGAR P.O.,COCHIN-682 036.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to accept on record
the additional documents ( Annexure D, Annexure E, Annexure F, Annexure
G, Annexure H and Annexure I) as part of the Writ Appeal.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of K.I.MAYANKUTTY MATHER, Advocate for the applicants and of ADVS M/S
P.DEEPAK, K.VIDYASAGAR for R1 to R5, SRI SURIN GEORGE IPE, SENIOR
GOVERNMENT PLEADER for R6,SRI THANKAPPAN M K for R7, SRI A.A.MOHAMMED
NAZIR for R8, ADVS M/S M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON
MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM, RAJA KANNAN for R9, SRI
K.B.ARUNKUMAR for R10 & R11, SRI REJI GEORGE for R12, SRI G.SREEKUMAR
(CHELUR) for R13, the court on the same day passed the following:
WA No.795/2021 2/5
WA No.795/2021 3/5
A.J.DESAI, C.J.
&
V.G.ARUN, J.
=========================
I.A.No. 1 of 2023 in
W.A. No. 795 of 2021
=========================
Dated this the 27th day of May, 2024
ORDER
V.G.ARUN, J.
This Interlocutory Application is filed seeking to produce
additional documents. The documents sought to be produced are
photographs showing the damage sustained to the building due to the
vagaries of weather, so as to impress upon this court the need to put
up glass panels in the building.
2. Having heard the learned Senior Counsel and having gone
through the photographs, we are of the opinion that appellant can be
permitted to put up the glass panels.
3. The learned Counsel for the party respondents submitted that
the limited permission granted shall not be misused and no
construction, other than putting up of glass panels, should be carried
out by the appellant. Moreover, the order should not result in the
appellant occupying the premises permanently.
4. The learned Senior Counsel thereupon assured that the
appellant will not carry out any construction other than putting up of
glass panels and the premises will not be occupied permanently.
An order is accordingly passed, permitting the appellant to put up
glass panels for the building in question, based on the assurance that no
other construction will be carried out or the building occupied on a
permanent basis. It is also made clear that the limited permission
granted will not entitle the appellant to plead equity at a later stage.
Sd/-
A.J.DESAI
CHIEF JUSTICE
Sd/-
V.G.ARUN
JUDGE
uu
27-05-2024 /True Copy/ Assistant Registrar
Annexure D PHOTOGRAPHS SHOWING THE STORAGE AREA AND WATER
TREATMENT PLANT
Annexure E PHOTOGRAPHS SHOWING THE DISCLOSING THE ELECTRICAL ROAD
AND STORAGE AREA.
Annexure F PHOTOGRAPH SHOWING THE PRESENT CONDITION OF 11KV
ELECTRICAL TRANSFORMER ERECTED IN THE BASEMENT FLOOR.
Annexure G PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE
BASEMENT FLOOR AND THE FRONT VIEW OF THE BUILDING.
Annexure H PHOTOGRAPH SHOWING THE SIDE ELEVATION OF THE BUILDING
TAKEN FROM THE SOUTHERN SIDE.
Annexure I PHOTOGRAPH SHOWING THE SIDE ELEVATION OF THE BUILDING
TAKEN FROM THE NORTHERN SIDE.
27-05-2024 /True Copy/ Assistant Registrar
