Kerala High Court
Sudha.M vs The Corporation Of Kochi on 14 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:51965
WP(C) NO. 22202 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 22202 OF 2023
PETITIONER:
SUDHA.M.,
AGED 38 YEARS
D/O. MURUKESHAN,HOUSE NO.38, UDAYA
COLONY,GANDHINAGAR, KADAVANTHARA, ERNAKULAM, PIN -
682020.
BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA
SRI.NABIL KHADER
SMT.CHITHRA C.EDADAN
RESPONDENTS:
1 THE CORPORATION OF KOCHI,
REPRESENTED BY ITS SECRETARY, CORPORATION
OFFICE,PARK AVENUE ROAD,ERNAKULAM, PIN - 682011
2 THE SECRETARY,
CORPORATION OF KOCHI,CORPORATION OFFICE,PARK
AVENUE ROAD,ERNAKULAM, PIN - 682011
3 THE ASSISTANT EXECUTIVE ENGINEER,
CORPORATION OF KOCHI,VYTTILA ZONAL OFFICE,VYTTILA,
ERNAKULAM, PIN - 682019
2025:KER:51965
WP(C) NO. 22202 OF 2023
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4 THE ASSISTANT ENGINEER,
CORPORATION OF KOCHI,VYTTILA ZONAL OFFICE
(ENGINEERING AND TOWN PLANNING),VYTTILA,
ERNAKULAM, PIN - 682019
5 SUNI GOPI,
AGED 40 YEARS
HOUSE NO.39, UDAYA COLONY,GANDHINAGAR,
KADAVANTHARA,ERNAKULAM, PIN - 682020
BY ADVS.
SRI.JANARDHANA SHENOY
SMT.ANITHA MATHAI MUTHIRENTHY
SMT.ANGITA T. MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:51965
WP(C) NO. 22202 OF 2023
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C.S.DIAS, J.
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W.P.(C) No.22202 of 2025
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Dated this the 14th day of July, 2025
JUDGMENT
The writ petition is filed to direct the respondents 1 to 4 to take immediate steps to demolish the unauthorised construction carried out by the 5 th respondent.
2. The petitioner contends that the 5th respondent has carried out unauthorised construction in his property. Despite Exts.P3 to P8 notices and orders passed against the 5th respondent, no action has been taken in the matter. Therefore, the petitioner seeks a direction to the competent among the respondents 1 to 4 to finalise the proceedings pursuant to Exts.P3 to P8 immediately.
3. The respondents 1 to 4 in their counter-
2025:KER:51965 WP(C) NO. 22202 OF 2023 4 affidavit have stated that the 5 th respondent has illegally constructed a sunshade adjacent to the wall on the western side of his property. Consequently, the Engineering Department of the 1st respondent had issued Ext.P3 notice to the 5th respondent to demolish the construction. Since the 5th respondent did not act upon the matter, Ext.P4 provisional order was passed. Subsequently, the 5th respondent appeared and submitted that the unauthorised construction was demolished and the Building Inspector found the statement to be correct. However, the petitioner again submitted a complaint stating that three cracks have occurred in her house due to the illegal construction being carried out in the 5th respondent's property. The 4th respondent conducted an inspection and found that the 5th respondent was maintaining a proper distance 2025:KER:51965 WP(C) NO. 22202 OF 2023 5 from the middle wall, but while moving upwards to the upper floors, the structures are found close to the wall and close to the house of the petitioner. Consequently, a confirmation order under Section 406(3) of the Kerala Municipality Act, 1994 would be issued to the 5 th respondent and necessary action would be taken in the matter.
4. The 5th respondent in his counter-affidavit has stated that, pursuant to Exts.P3 and P4 notices, he had demolished the sunshade. After that, Exts.P5 to P7 notices were issued directing him to demolish the parapet. The said direction has also been complied with, which is evident from Exts.R5(b) and R5(c) photographs. However, the 5th respondent states that he has not received Ext.P8 notice mentioned in the writ petition. The writ petition is meritless and only to be dismissed.
2025:KER:51965 WP(C) NO. 22202 OF 2023 6
5. The learned Standing Counsel appearing for respondents 1 to 4 has also produced a report dated 05.12.2023 of the Assistant Executive Engineer of the 1 st respondent-Corporation.
6. Heard; the learned Counsel for the petitioner, the learned Sanding Counsel for respondents 1 to 4 and the learned Counsel for the 5th respondent.
7. On a consideration of the facts and the materials on record, and the rival submissions made across the Bar, especially the disputed question regarding the unauthorised construction allegedly carried out by the 5th respondent, I am of the definite view that the competent officer of the respondents 1 to 4 has to finalise the proceedings pursuant to Exts.P5 to P8 notices after considering the report of the 3 rd respondent.
2025:KER:51965 WP(C) NO. 22202 OF 2023 7 Accordingly, I dispose of the writ petition by directing the competent among the respondents 2 to 4 to finalise the proceedings pursuant to Exts.P5 to P8 notices, in accordance with law and expeditiously as possible, at any rate, within 90 days from the date of production of a copy of this judgment, after affording the petitioner and the 5th respondent an opportunity of being heard and after considering the report of the 3 rd respondent. Until orders are passed in the above proceedings, status quo as on today shall be maintained.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE dkr 2025:KER:51965 WP(C) NO. 22202 OF 2023 8 APPENDIX OF WP(C) 22202/2023 PETITIONER EXHIBITS EXHIBIT P1 THE PHOTOGRAPH OF THE ILLEGAL CONSTRUCTION CARRIED OUT BY THE 5 TH RESPONDENT JOINING TO THE BUILDING OF THE PETITIONER EXHIBITP2 THE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.10.2022 EXHIBIT P3 THE COPY OF THE NOTICE OF DEMOLITION ISSUED BY THE 3 RD RESPONDENT TO THE 5 TH RESPONDENT DATED 08.11.2022 EXHIBIT P4 THE COPY OF THE NOTICE U/S.406(1) OF KERALA MUNICIPALITY ACT, 1994 DATED 14.12.2022 EXHIBIT P5 THE COPY OF THE NOTICE DATED 06.02.2023 ISSUED BY THE 4 TH RESPONDENT TO THE 5 TH RESPONDENT EXHIBIT P6 THE COPY OF THE NOTICE DATED 14.02.2023 ISSUED BY THE 4 TH RESPONDENT TO 5 TH RESPONDENT EXHIBIT P7 THE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 3 RD RESPONDENT TO THE 5 TH RESPONDENT DATED 23.02.2023 EXHIBIT P8 THE COPY OF THE SECOND HEARING NOTICE DATED 21.03.2023 ISSUED BY THE 3 RD RESPONDENT TO THE 5 TH RESPONDENT RESPONDENT EXHIBITS EXHIBIT R5(E) A TRUE COPY OF THE BUILDING PERMIT DATED 19.10.2020 EXHIBIT R5(A) A TRUE COPY OF THE PHOTOGRAPHS OF THE RESIDENTIAL BUILDINGS EXHIBIT R5(B) A TRUE COPY OF THE PHOTOGRAPHS OF THE ALLEGED ILLEGAL CONSTRUCTION EXHIBIT R5(C) A TRUE COPY OF THE PHOTOGRAPH OF THE PORTION AFTER DEMOLITION 2025:KER:51965 WP(C) NO. 22202 OF 2023 9 EXHIBIT R5(D) A TRUE COPY OF THE LETTER DATED 26.9.2023 AND ACKNOWLEDGEMENT