MOOSA Vs. THRISSUR MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioners, who are stated to be the owners of a property of a building situated within the confines of the 1 st respondent-Municipal Corporation, has approached this Court seeking that the Secretary of the said Corporation be directed to take steps to restrain any person, including respondents 3 to 5, from entering into the building, which is called "Kalliyath Building", because it is in a grave danger and requires to be demolished under the provisions of Section 411 of the Kerala Municipality Act (hereinafter referred to as 'the Act' for short).

(2.) The petitioners rely on Ext.P2 proceedings of the Secretary of Corporation issued under Section 411 of the Act, wherein it has been concluded that the building is in a dilapidated and dangerous condition and requires to be immediately pulled down, so as to avoid hazard not merely to its residence but also to the public, who are using the common spaces around it. The petitioners say that, even though Ext.P2 was challenged by the respondents 3 to 5, who are the persons holding on the possession of the various portions of the said building as tenants, the same was rejected by the Tribunal for the Local Self Government Institutions, as is evident from Ext.P11 order produced along with I.A.No.1 of 2019. The petitioners, therefore, pray that the Secretary of the Corporation, namely, the 2nd respondent herein be directed to take immediate action under Section 411 of the Act; with a consequential prayer that respondents 3 to 5 be directed not use the said building or to conduct any further business therein.

(3.) Sri. P.Raveendran, the learned Senior Counsel instructed by Sri.Sabiri C.P., learned counsel for the petitioners, in addition to the above narrative, submits that the continuation of respondents 3 to 5 in the building in question- particularly because they are conducting businesses therein- would be extremely hazardous to not merely themselves but also to the others including their customers and, therefore, that the continued inaction by the Secretary to take action under Section 411 of the Act, would have to be seen very seriously by this Court. The learned Senior Counsel vehemently asserted that unless immediate steps are directed to be taken, the consequences would be cataclysmic and that it would not be behoove the obligations and responsibilities of the Secretary, as enumerated under the Act and the Rules under it. The learned Senior Counsel, therefore, prays that this writ petition be ordered, with a direction to the Secretary to commence necessary action and conclude it within a time frame to be fixed herein.