GILBERT S/O ITTYCHAN Vs. THRISSUR MUNICIPAL CORPORATION REP BY ITS SECRETARY THRISSUR MUNICIPAL OFFICE THRISSUR

JUDGEMENT

(1.) SECOND respondent and others own a three storied commercial building situated within the jurisdiction of the 1st respondent. Petitioner is a tenant occupying a room in that building and he is aggrieved by Ext.P1, a notice issued by the 1st respondent calling upon him to vacate from the room occupied by him. It is challenging this notice and requiring the 1st respondent to pass orders on Ext.P2, this writ petition is filed.

(2.) ACCORDING to the petitioner, room No.26/1030 of Trichur Corporation owned by the 2nd respondent is the room in his occupation, where he and his brother are conducting a business under the name and style "Rose Agencies". It is stated that on the back side of the building, there was an additional structure, a portion of which, due to wear and tear collapsed during August, 2011. ACCORDING to him, the damage caused to the structure on the rear side has not affected the structural stability of the building occupied by him. However, on the influence of the owners of the building, 1st respondent issued Ext.P1 notice only to get him evicted, avoiding a proceedings under the Rent Control Act.

(3.) IN the light of this Section, which recognise power of the Secretary to issue orders such as Ext.P1 and also in view of Ext.R2(b), the report of the Executive Engineer, I am not in a position to accept the unsubstantiated case of the petitioner, who has no expertise in the matter and hold that the building is structurally safe and that the proceedings were unwarranted.