Kerala High Court
P.N.Santhosh vs The Executive Engineer on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 6394 OF 2024
PETITIONER(S):
P.N.SANTHOSH,
AGED 52 YEARS
S/O. P.K.NARAYANAN,PULIMUTTATHUPARAMBIL HOUSE,KALATHIL LONAN
ROAD @ KALATHIL LONAPPAN ROAD,PANAMPILLY NAGAR, KOCHI,
PIN - 682036
BY ADV P.P.JACOB
RESPONDENT(S):
1 THE EXECUTIVE ENGINEER,
KOCHI MUNICIPAL CORPORATION, KOCHI, ERNAKULAM,
PIN - 682011
2 THE KOCHI MUNICIPAL CORPORATION,,
BOAT JETTY, ERNAKULAM,REPRESENTED BY ITS SECRETARY,
PIN - 682011
3 MUNICIPAL COUNCIL OF KOCHI CORPORATION,
CORPORATION OF KOCHI,ERNAKULAM,REPRESENTED BY ITS SECRETARY,
PIN - 682011
4 EDWARD JOSEPH,
S/O JOSEPH,KUNNIKKASSERY HOUSE,PANAMPILLY NAGAR, KOCHI,
PIN - 682036
BY ADVS.
K.JANARDHANA SHENOY, SC,KOCHI MUNICIPAL CORPORATION
ARUN ANTONY
LAL K.JOSEPH
SURESH SUKUMAR
T.A.LUXY
P.MURALEEDHARAN (THURAVOOR)
ANZIL SALIM
SANJAY SELLEN
AKASH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.6394 of 2024
2
JUDGMENT
Dated this the 19th day of April, 2024 The petitioner has approached this Court seeking a direction to respondents 1 and 2, not to restrain the petitioner from conducting the repair works of the portion of the damaged compound wall.
2. Petitioner is the title holder of 1.63 ares of landed property, situated in Sy.No.1018/7 of Ernakulam Village in Kanayannur Taluk. Petitioner had constructed a residential building as well as a compound wall in his property, which is situated on the side of the Kalathil Lonappan Road, belonging to the 2nd respondent Corporation, except for the eastern side, where the 4th respondent is residing. The grievance of the petitioner is that, when the petitioner attempted to repair the compound wall, which got damaged due to heavy rain, the 4 th respondent due to previous animosity and with the intention to harass the petitioner, filed a complaint W.P.(C) No.6394 of 2024 3 before the 2nd respondent, alleging that the repair works of the compound wall is causing obstruction to the traffic, as also, to the entry to his residence.
3. Pursuant to the complaint filed by the 4 th respondent, 1st respondent issued Ext.P4 letter, requiring the petitioner to stop the construction activities and to file an application before the 2 nd respondent for carrying out the repair works. The petitioner has been running from pillar to post for obtaining permission to carry out the construction activities. Thereafter, the petitioner filed a representation before the Chief Minister's Grievance Cell and Ext.P10 report was issued by the 1st respondent, intimating the petitioner that, permission for repairing the compound wall cannot be granted, as the complaint filed by the 4 th respondent against the same is pending.
4. Heard the learned Counsel on either side. W.P.(C) No.6394 of 2024 4
5. The learned Counsel for the petitioner submits that the petitioner is conducting repair works of the damaged portion of the compound wall as well as one of the pillar, where the portion of the gate was fixed. However, Ext.P11 appeal filed by the petitioner is pending consideration before the 3rd respondent.
6. In the facts and circumstances of the case, I am of the opinion that, this writ petition can be disposed of with a direction.
The 3rd respondent is directed to consider and pass orders on Ext.P11 appeal within a period of two weeks from the date of receipt of a certified copy of this judgment. It is made clear that before any such orders are passed, the 3rd respondent shall afford an opportunity of hearing to the petitioner as well as to the 4th respondent.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE NB/19-4 W.P.(C) No.6394 of 2024 5 APPENDIX OF WP(C) 6394/2024 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE SKETCH SHOWING THE NATURE AND LIE OF THE PROPERTY ISSUED BY THE VILLAGE OFFICER, ERNAKULAM EXHIBIT P2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 24.4.2023 ISSUED BY THE VILLAGE OFFICER, ERNAKULAM EXHIBIT P3 TRUE PHOTOCOPY OF THE PHOTOGRAPHS OF THE BUILDING OF THE PETITIONER EXHIBIT P4 TRUE PHOTOCOPY OF THE LETTER DATED 3.7.23 ISSUED BY THE FIRST RESPONDENT EXHIBIT P5 TRUE PHOTOCOPY OF THE REPLY FILED BY THE PETITIONER DATED 22.7.23 TO THE SECOND RESPONDENT EXHIBIT P6 TRUE PHOTO COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT DATED 1.9.23 EXHIBIT P 7 TRUE PHOTO COPY OF THE REPLY DATED 08/09/2023 SUBMITTED BY THE PETITIONER BEFORE THE AUTHORITY EXHIBIT P8 TRUE PHOTO COPY OF THE REPRESENTATION DATED20.12.23 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P9 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE PUBLIC INFORMATION OFFICER, KOCHI MUNICIPAL CORPORATION TO THE PETITIONER DATED 17.1.2024 EXHIBIT P10 TRUE PHOTOCOPY OF THE REPORT DATED 8.1.2024 ISSUED BY THE FIRST RESPONDENT EXHIBIT P11 TRUE PHOTOCOPY OF THE APPEAL DATED 7.2.24 FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT EXHIBIT P12 TRUE PHOTOCOPY OF THE LETTER DATED 12.3.2024 ISSUED BY THE 1ST RESPONDENT WITH COPY OF THE COMPLAINT AND REPLY TO 4TH RESPONDENT RESPONDENT EXHIBITS: NIL TRUE COPY P.A. TO JUDGE