Brahmana Samooham v. Cherthala Municipality

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(C).No. 11890 of 2015 (I) ---------------------------- PETITIONER(S)/PETITIONER:

---------------- BRAHMANA SAMOOHAM, REG NO A 171/98, CHERTHALA, ALAPPUZHA PIN-688524, REP BY ITS SECRTARY K KANNAN BY ADV. SRI.B.PRAMOD RESPONDENT(S)/RESPONDENTS:

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1. CHERTHALA MUNICIPALITY MUNICIPAL OFFICE, CHERTHALA, REP. BY ITS SECRETARY PIN-688 524

2. THE SECRETARY CHERTHALA MUNICIPALITY, MUNICIPAL OFFICE, CHERTHALA PIN-688 524 R BY SRI.JOBY CYRIAC,SC,CHERTHALA MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11890 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1:-TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER P2:-TRUE COPY OF THE TAX RECEIPT FOR THE FINANCIAL YEAR 2014-2015 P3:-TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY PREPARED BY THE VILLAGE OFFICER P4:-TRUE COPY OF THE BUILDING PERMIT WITH APPROVED PLAN P5:-TRUE COPY OF THE JUDGMENT DTD 27/3/2015 IN WPC NO 30678/2014 P6:-TRUE COPY OF THE PLAINT IN OS NO 742/2014 BEFORE THE MUNSIFF'S COURT CHERTHALA P7:-TRUE COPY OF THE ROUGH SKETCH SUBMITTED BY THE ADVOCATE COMMISSIONER IN OSNO 742/2014 BEFORE THE MUNSIFF'S COURT, CHERTHALA P8:-TRUE COPY OF THE ORDER DTD 18/11/2014 ISSUED BY THE 2ND RESPONDENT P9:-TRUE COPY OF THE LOCATION SKETCH SHOWING THE POSITION OF THE OPEN AIR STAGE CONSTRUCTED BY THE RESPONDENTS P10:-TRUE COPY OF THE PHOTOGRAPHS RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.11890 of 2015 --------------------- Dated this the 12th day of October, 2015

J U D G M E N T

The right of the first respondent Municipality to construct an open area stage at the place in question is concluded by Ext.P5 judgment. At the same time, the petitioner has also every right to enjoy his property lying opposite.

2. The right of the petitioner either to fence his property or to construct a compound wall along its boundary cannot be obstructed. The petitioner can secure his property by appropriate means to prevent the audience from entering into his property.

3. Ext.P8 order of the first respondent Municipality directing demolition of the fence put up by the petitioner is quashed. The respondents can take action only if the petitioner has encroached into any property beyond his boundary.

4. The right of the respondents to acquire the property of the petitioner if needed is also left open. But the enjoyment of the property by the

W.P(C) No.11890 of 2015 petitioner cannot be hindered so long as he has title and possession.

The Writ Petition is allowed. No costs.

Sd/- V.CHITAMBARESH, Judge.

nj/12.10.15