M.K.BASHEER Vs. B.SUNIL

JUDGEMENT

(1.) I am disposing of these two cases together since the factual circumstances involved are inter-layered and since the reliefs are analogous.

(2.) W.P.(C)No.19917/2012 had been filed by Dr.M.K.Basheer, who is unfortunately now no more, challenging Ext.P7 order of the Tribunal for Local Self Government Institutions (hereinafter referred to as 'Tribunal' (for short), as per which, the order of Thiruvananthapuram Corporation regularising a small generator room constructed by him in his property was set aside, however, granting liberty to him to make a fresh application for such purpose. Late Dr.M.K.Basheer contended that the original order of regularisation had been validly issued and therefore, that the Tribunal ought not to have issued Ext.P7, setting it aside. At the time when this writ petition was considered for admission, an interim order was granted staying all further proceedings pursuant to Ext.P7, thereby to mean that the Corporation or any other respondents could not have demolished the generator room pending this lis.

(3.) While so, subsequent to the death of Dr.M.K.Basheer, his daughter Smt.B.Sainoo impleaded herself as the legal heir of her father and sought to prosecute this writ petition further. She then made an allegation that, notwithstanding the interim order of this Court aforementioned, her brother ­ Dr.B.Sunil, the 1st respondent in W.P.(C)No.19917/ 2012, who is the son of Late Dr.M.K.Basheer had demolished the generator room and therefore, that he had deliberately violated the orders of this Court. She thus filed COC No.867/2018 arraying Dr.Sunil as the respondent.