SAYYED HUSSAIN SHAH Vs. NEETHU GOPAL

JUDGEMENT

(1.) This contempt case had been filed alleging non compliance of directions issued by this Court in WA No.844/2019 decided on 20/3/2019 and order dated 4/9/2019 in RP No.529/2019.

(2.) In the judgment in writ appeal, the Division Bench observed that the Municipality has a legal obligation to enforce its order at Ext.P11 and it was observed that "the Municipality must however discharge their responsibility towards expeditious implementation of the Ext.P11 order, for demolition of the unauthorised construction, unless the same is varied or modified by a competent authority". In fact, the appeal itself had been filed by the landlord of the building challenging the dismissal of the WP(C) No.5300/2019 wherein the petitioner sought for cancellation of orders passed by the Municipality demanding property tax for an unauthorised building. According to the landlord, the building was unauthorizedly constructed by the tenant and Municipality had already taken action by Ext.P11 order dated 15/3/2018 to demolish the structure.

(3.) RP No.529/2019 was filed in W.A.No.844/2019 by the appellant wherein this Court having taken note of an order passed by the Secretary Thrissur Corporation on 3/9/2019 and directed that the demolition should be carried out within a period of seven days.