CSB BANK LTD. Vs. DISTRICT COLLECTOR,

JUDGEMENT

(1.) The petitioner, which is the Catholic Syrian Bank Ltd, has approached this Court seeking that Corporation of Trissur be directed to take appropriate action under Section 411 of the Kerala Municipality Act (hereinafter referred to as 'the Act' for short) against the building bearing No.XXI/422 situated at the Swaraj Round, Trissur.

(2.) According to the petitioner-Bank, the building is in a highly dilapidated condition and unless it is immediately demolished, it will cause unspeakable consequences, both to life and property of the public; and therefore, prays that the Secretary of the Corporation be directed to initiate action under Section 411 of the Act immediately.

(3.) Smt.S.Karthika, Sri.T.C.Suresh Menon and Sri.P.G.Devadas, learned counsel appearing for respondents 4 to 6 respectively, submits that their clients are tenants in possession of separate portions of the building in question and that the petitioner-Bank has already launched a litigation to evict them from there. They say that their clients, therefore, legitimately suspect that the present attempt is only a ruse to obtain such eviction without following the process of law. They say that in fact, a competent Rent Control Appellate Court is hearing the appeal filed by the Bank against the earlier order of the Rent Control Court which had dismissed their Rent Control Petition seeking eviction of their clients and that it is listed for further orders on 25.11.2019. They say that therefore, the petitioner cannot be allowed to demolish the building and thus obtain eviction of the tenants indirectly even when process for the same is still pending.