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2020 Supreme(Ker) 130

S.MANIKUMAR, SHAJI P.CHALY
Moosa S/o. Palliparambil Muhammed – Appellant
Versus
Toffy S/o. N. T. George – Respondent


Advocates Appeared:
For the Appellant : Sri. P. Ravindran (Sr.), Sri. C.P. Sabari.
For the Respondent: Sri. Santhosh P. Poduval, SC, Sri. G. Sreekumar(Chelur), Sri. Santhosh Poduval, SC.

JUDGMENT :

SHAJI P. CHALY, J.

The appeal is filed by respondents 3 to 5 in the writ petition against the judgment of the learned single Judge dated 31.01.2020 in W.P.(C) No. 2843 of 2020. Respondents 1 and 2 are the petitioners therein, who are the tenants of a building complex owned by the appellants.

2. The subject issue raised by the writ petitioners is one under Section 411 of the Kerala Municipality Act, 1994 (for short 'Act, 1994) dealing with precautions in case of dangerous structures on the basis of the power conferred on the Secretary of the Municipal Corporation.

3. The learned single Judge, after hearing learned counsel for the appellants and the learned Standing Counsel for the Municipal Corporation, has passed the following directions:

    “4. I am not adverting to this rival contentions as of now. However, I make it clear that building shall not be demolished pursuant to any order passed, if any, adversed to the interest of the petitioner, without waiting for a week, after serving a copy on the petitioner.”

4. The case has a chequered history. The issue started with a Public Interest Litigation filed by one P.D. Joseph as W.P.(C) No. 37864 of 2016, that many dangerous building

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