THADEVOOS Vs. KOCHI CORPORATION

JUDGEMENT

(1.) A challenge to a non-speaking order (Ext.P7) is dismissed by the judgment impugned of the learned Single Judge in WP(C) No. 27134/2018 dtd. 9/4/2021. The aggrieved petitioner is the appellant.

(2.) Ext.P7 order issued by the first respondent Corporation directed the appellant/petitioner to remove the unauthorized constructions, allegedly made trespassing into the public stream vested with it, within seven days from the date of receipt thereof. It is the petitioner's case that Ext.P7 order is violative of Ext.P1 judgment of the Munsiff's Court, Kochi in O.S. No. 478/2009, which attained finality by virtue of Ext.P2 decree of the Sub Court, Kochi in A.S. No. 4/2013. The petitioner apprehended demolition of his septic tank, which is allegedly constructed in the purambokku land, wherefore, the writ petition was filed.

(3.) O.S. No. 478/2009 is a suit instituted by the petitioner/appellant against four persons, who hold properties adjoining to the plaint schedule property having an extent of two cents. The first respondent Corporation and its Executive Engineer were impleaded as additional 5 and 6 defendants respectively, in the said suit. The plaintiff (petitioner herein) sought for a permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property, as also, from cutting, opening or extending any pathway through any portion of the same.