IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 1st day of July 2022 / 10th Ashadha, 1944
WA NO. 453 OF 2022
AGAINST JUDGMENT DATED 25/02/2022 IN WP(C) 31587/2012 OF THIS COURT
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APPELLANT/PETITIONER:
WING. CDR. PRADEEP HUGH MASCARENHAS, AGED 53 YEARS, S/O. LATE
A.H.MASCARENHAS, T.C.12/35(1), PMG- PLAMOOD ROAD, TRIVANDRUM,
KERALA-695033.
BY ADV.SRI. ABHIJETT LESSLI
RESPONDENTS/RESPONDENTS:
1. CORPORATION OF THIRUVANANTHAPURAM ,REPRESENTED BY ITS SECRETARY,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.
2. DR. EVANGILINE SANTHI ROY, ROSHAN, T.C.12/21, PLAMOODU-PMG ROAD,
PATTOM, THIRUVANANTHAPURAM-695004.
BY SENIOR ADVOCATE SRI. N.NANDAKUMARA MENON AND
STANDING COUNSEL SRI.P.K.MANOJ KUMAR FOR R1
ADV.SRI. G.S.REGHUNATH FOR R2
ADVOCATE COMMISSIONER SRI.MAHESH BHANU S.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an order staying the operation of Judgment in WP(C) 31587/2012 and
Exhibit P3 Conformation Order passed by the 1st respondent pending
disposal of the above Writ Appeal.
This Writ Appeal coming on for orders on 01/07/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P3:CONFIRMATION ORDER NO.E 11/66448/10 DATED 5.3.2012
ISSUED TO THE PETITIONER BY THE RESPONDENT CORPORATION.
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K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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Writ Appeal No.453 of 2022
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Dated, this the 1st day of July, 2022.
O R D E R
Vinod Chandran, J.
Having gone through the entire records, we are of the opinion that there should be some clarity brought out as to the unauthorised constructions, alleged on the eastern side of the appellant's building, specifically with reference to the open space to be left as per the Kerala Municipality Building Rules, which ascertainment has been necessitated only because the person on the eastern boundary claims that there is encroachment into the open space, thus resulting in the rain water falling on the boundary wall which is the retaining wall of the property on the eastern side.
Advocate Mahesh Bhanu S. is hereby appointed as the Commissioner. The Commissioner shall ascertain whether there is any opening on the eastern side of the appellant's building and report as to the open space left on the eastern side of the building. It shall be ascertained if such open space is left on the entire height of the building. The concerned Building Inspector W. A. No.453 of 2022
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of the Corporation shall assist the Commissioner. The appellant is directed to give the entire copy of the memorandum to the Commissioner.
The Commissioner shall visit the property on 10.07.2022, at 11 a.m., when the Building Inspector shall be present in the property to render necessary assistance to the Commissioner. The appellant/learned Counsel and the 2nd respondent/learned Counsel shall also be present with one another authorised representative each. The Commissioner shall file a report within 10 days from 10.07.2022. The petitioner shall pay an amount of Rs.35,000/- (Rupees Thirty Five Thousand only) to the Commissioner by 07.07.2022. The Commissioner shall also file a report on the aspects we have pointed out and also any other relevant aspects, pointed out by the parties, having regard to the contentions.
Post on 20.07.2022.
Sd/-
K.VINOD CHANDRAN, JUDGE Sd/-
C.JAYACHANDRAN, JUDGE uu/01/07/2022 01-07-2022 /True Copy/ Assistant Registrar