High Court of KeralaWP(C)/7436/2015disposed of

Renu Varghese v. Secretary, Kalamassery Muncipality

2015-03-094 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936 WP(C).No. 7436 of 2015 (D) --------------------------- PETITIONER :

----------------- RENU VARGHESE, AGED 40 YEARS, S/O.P.S.VARGHESE, MATTACKAL HOUSE, MOOLEPDOM ROAD, KALAMASSERY, ERNAKULAM DISTRICT.

BY ADVS.SRI.P.P.THAJUDEEN SRI.MANSOOR.B.H.

RESPONDENTS :

-----------------------

1. SECRETARY, KALAMASSERY MUNCIPALITY, MUNICIPAL OFFICE, KALAMASSERY - 683 004.

2. KALAMASSERY MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNCIPAL OFFICE, KALAMASSERY - 683 104.

3. BABU THAIVELIKAKATH, NEAR I.T.I.QUARTERS, KALAMASSERY - 683 104.

BY SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7436 of 2015 (D) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

A COPY OF THE JUDGM ENT DATED 17/06/2010 IN WPC. NO. 18017/2010.

EXT.P2:

A TRUE COPY OF THE REPRESENTATION DATED 05/03/2015 AND POSTAL RECEIPT.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.7436 of 2015 --------------------------------------------- Dated this the 9th day of March, 2015

JUDGMENT

The limited prayer in this writ petition is for a direction to the first respondent to take action on Ext.P2.

2. The petitioner alleges that 5 years back, the third respondent had purchased 13 cents of land adjacent to the petitioner's property and constructed a four storeyed apartment complex. The said respondent without obtaining statutory permissions and without submitting revised plan or building permit started construction of additional floors. Construction activities carried out by the third respondent would result in serious difficulties and hardships to the petitioner; it is alleged. The construction materials such as bricks, concrete mixtures and other allied materials fell on the petitioner's property causing damage and nuisance. The well of the petitioner is also polluted.

3. Admittedly, the third respondent is constructing a multi-storeyed building. Therefore, NOC from Fire and

WPC No.7436/2015 2 Rescue Department is also mandatory. Though the matter was brought to the notice of the first respondent, so far no action was taken. It is with this background the petitioner has approached this Court.

4. The learned Standing Counsel for the respondent Municipality takes notice.

5. As the argument of the learned counsel confined to the limited prayer for a direction to the first respondent, this writ petition is disposed of directing the first respondent to consider and pass appropriate orders on Ext.P2, after affording the petitioner an opportunity of being heard. This shall be done within a period of one month from the date of receipt of a copy of this judgment. sd/-A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE