T.J.RAJU Vs. THRISSUR CORPORATION

JUDGEMENT

(1.) The petitioner has approached this Court assailing Ext.P13 order issued by the Thrissur Corporation asking him to demolish a small bunk shop erected by him asserting that the said construction was done after obtaining necessary permissions and consents from the said Corporation. The petitioner says that as is clear from Ext.P13, the only reason stated for seeking demolition of the bunk is that he had left more than the requisite space from the adjacent bunk and therefore, that he has violated the instructions of the Corporation. He says that this statement in Ext.P13 is completely untenable since he had constructed the bunk on the area marked by the competent Authority of the Corporation and as instructed and supervised by them and therefore, that Ext.P13 has been issued without any application of mind and merely to harass him.

(2.) The petitioner further says that even though in Ext.P13, it is stated that he was directed to construct a bunk within 90 cm from the adjacent bunk one, such an instruction was never given to him at any point of time and that the area in which the construction has been made was, in fact, specifically marked by the competent Authority of the Corporation, leaving him no other option but to construct in such manner. He then says that the requirement in Ext.P13, to have constructed of his bunk within 90 cm from the next bunk, is practically impossible because a prominent political party has put up a flag mast in this space and thus that the concerned Authorities of the Corporation were also aware of this but were powerless to remove the said mast. The petitioner, through his learned counsel - Sri.T.C.Suresh Menon, thus prays that Ext.P13 be set aside.

(3.) In response, Sri.Santhosh Poduval, the learned standing counsel appearing for the Thrissur Corporation submits that the afore allegations of the petitioner do not appear to be credible because the Corporation has taken a policy decision to allow the construction of a bunk only within 90 cm from the adjacent bunk, so as to save space and to ensure that the opportunities of other persons are not wasted. He says that it is, therefore, that in Ext.P13, the petitioner has been asked to demolish the bunk because he has constructed it more than 2.5 metres away from the next bunk, though he was instructed to do so within 90 cm.