K.M.Ahammedulla Badsha v. Krishnan Venugopal

W.M.P.No.30038 of 2019 in W.P.No.31730 of 2003 W.M.P.No.30038 of 2019 in W.P.No.31730 of 2003 M.M.SUNDRESH, J.

and RMT. TEEKAA RAMAN, J.

(Order of the Court was made by M.M.SUNDRESH,J) This Petition has been filed seeking grant of four months' time to enable the Petitioner herein to comply with the order passed by this Court in the above Writ Petition.

2.

Learned counsel for the Petitioner submitted that, sufficient time is required to demolish the deviated portions of the building, in view of the nature of the building.

3.

Learned counsel appearing for the contesting Respondent submitted that, insofar as the southern portion is concerned, demolition will have to be carried out within a period of four weeks. This is subject to the assurance by the Petitioner that, if any damage is caused to the contesting Respondent, the same will have to be rectified and compensated by the Petitioner. 4.

Learned counsel for the Petitioner agreed to the aforesaid submission of the learned counsel for the contesting Respondent. In fact, it has also been stated by the learned counsel for the Petitioner herein, on the earlier occasion. 5.

Therefore, the deviation in the southern portion of the building in question will have to be demolished within a period of four weeks' from the date of receipt of a copy of this order. Incidentally, damages if any, which are likely to be caused to the contesting Respondent, will have be compensated adequately. http://www.judis.nic.in

W.M.P.No.30038 of 2019 in W.P.No.31730 of 2003 M.M.SUNDRESH, J.

and RMT. TEEKAA RAMAN, J.

(aeb) 6.

The aforesaid submission of the learned counsel for the Petitioner is recorded, and accordingly, four weeks' time from the date of receipt of a copy of this order is granted, for removal of deviation in the southern portion of the building. Insofar as the remaining portions of the building are concerned, considering the facts of the case and the implication of demolition, we are inclined to grant four months' time from the date of receipt of a copy of this order. 7.

We make it clear that temporary electricity connection may be granted to the building in question, so as to enable the Petitioner, to carry out the demolition work, as per the order of this Court. 8.

We further make it clear that no further extension of time will be granted.

This Miscellaneous Petition is ordered accordingly. (M.M.S.,J.) (T.K.R.,J.) 25.11.2019 (aeb) Note to Registry: Issue copy of this order on or before 27.11.2019. W.M.P.No.30038 of 2019 in W.P.No.31730 of 2003 http://www.judis.nic.in