Maheswari S vs. Vinu C.Kunjappan
Held
The Court found the demolition to be an illegal action in violation of its interim order. While the petitioners were already relocated to an alternative site, the Thrissur Corporation was directed to pay Rs. 50,000/- as nominal damages. The Corporation can recover this amount from responsible officers, and petitioners can seek further compensation in civil court.
Facts
The petitioners, a widow and her children, operated a licensed petti bunker shop. The High Court issued an interim order on 11.10.2019, directing reconnection of electricity and asking the Corporation to finalize street vendor lists. Despite this order, the shop was demolished on 02.03.2022, leading to a contempt petition.
Key Issues
Whether the Thrissur Corporation's demolition of a licensed shop, despite an interim court order, constituted contempt and warranted compensation for the petitioners.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA, 1945 CON.CASE(C) NO. 498 OF 2022 AGAINST THE ORDER DATED 11.10.2019 I WP(C) 27136/2019 OF HIGH COURT OF KERALA PETITIONERS/PETITIONERS: 1 MAHESWARI S AGED 46 YEARS W/O. SHANMUGAM P, RESIDING AT NAVAMANI HOUSE, KOLAZHIKARAN ROAD, KANNAMKULANGARA, KOORKENCHERRY P.O, THRISSUR DISTRICT 680 007 2 SAKTHI S AGED 20 YEARS S/O. SHANMUGAM P, NAVAMANI HOUSE, KOLAZHIKARAN ROAD, KANNAMKULANGARA, KOORKENCHERRY P.O, THRISSUR DISTRICT 680 007 3 JAYALAKHMI S (MINOR) AGED 17 YEARS REPRESENTED BY HER MOTHER GUARDIAN AND NEXT FRIEND MAHESWARI S, W/O. SHANMUGAM P, RESIDING AT NAVAMANI HOUSE, KOLAZHIKARAN ROAD, KANNAMKULANGARA, KOORKENCHERRY P.O, THRISSUR DISTRICT 680 007 BY ADVS. KALEESWARAM RAJ VARUN C.VIJAY THULASI K. RAJ RESPONDENTS/RESPONDENTS NO.3 & 4: 1 VINU C.KUNJAPPAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, THRISSUR CORPORATION, THRISSUR 680 001
CON.CASE(C) NO. 498 OF 2022 & WP(C) NO. 27136 OF 2019
- : 2 :- 2 DRISHYA M
The judgment continues below.
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