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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SUMATHRANI MISRA, KAILASHNADH MISRA, ROOP NARAYAN MISRA, B UMAKANTH MISRA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. eviction sought due to building's age and condition. (Para 2) |
| 2. regulatory actions taken by local authority for safety. (Para 3) |
| 3. importance of the recommendations from experts regarding the structural integrity. (Para 4) |
| 4. court mandates authority to act for public safety. (Para 5) |
JUDGMENT
Dated this the 28th day of January, 2026 Petitioners have approached this Court seeking a direction to the 2nd respondent to take adequate and effective measures to evict respondents 5 to 13, who are occupants/inmates of the shoproom, bearing Building Nos.617, 618, 619, 632, 638, 639, 640, 641, 642 and 643 in Ward Number 59 of Kozhikode Corporation.
2. Petitioners submit that they are the owners of a commercial building in Ward No.59 which is almost 160 years old, and is now in a very dilapidated condition. Petitioners would submit that the roof collapsed in major portions and it contributed to the interior and structural deterioration. Thereupon, petitioners requested respondents 5 to 13 to vacate the premises, but they refused to do so. Thereupon, Ext.P12 proceeding was initiated by the Executive Engineer directing the petitioners either to demolish or renovate the aforesaid
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