NARAYANAN.K.G Vs. SECRETARY THRIKKAKKARA MUNICIPALITY

JUDGEMENT

(1.) The petitioners have approached this Court alleging that, on account of the construction being carried on by respondents 4 to 9, massive damage has been caused to their buildings; and that the Municipality, therefore, constituted a Technical Committee, which has now settled Ext.P6 report, wherein, certain amounts have been found due to the petitioners. The learned counsel for the petitioners submits that Ext.P6 is not fully acceptable to his clients but that respondents 4 to 9 must pay at least that amount and prays that liberty may be left to his clients to approach the competent Civil Court for ventilating their further grievances. The learned counsel, therefore, prays that this writ petition be thus ordered, directing respondents 4 to 9 to pay the amounts as stated in Ext.P6 report, leaving the afore requested liberty to his clients.

(2.) The learned counsel appearing for respondents 4 to 9 - Sri.Shanavas Khan, in response to the afore submissions made on behalf of the petitioners by Sri-Praveen Hariharan, submits that his clients are willing to pay the amounts as quantified in Ext.P6 and that they will do so as soon as the Municipality calculates the actual amounts payable as per the said report and intimates them. He says that he does not stand in the way of this Court leaving liberty to the petitioners to invoke civil remedies as to their claim for amounts over and above fixed in Ext.P6, but that this Court may not make any affirmative declaration on their entitlement to any such relief.

(3.) Sri.G.G.Manoj, learned Standing Counsel for the respondent - Municipality, submits that the quantification in terms of Ext.P6 can be completed by them and the resultant proceedings intimated to respondents 4 to 9 within a period of one month from today and prays that this Court may, therefore, issue no further orders against his clients.