Alby S vs State Of Kerala
2021 Latest Caselaw 6842 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                   WP(C).No.5148 OF 2021(P)


PETITIONER/S:

             ALBY S
             AGED 20 YEARS, S/O.SAJITH S.,
             RESIDING AT T.C.5/1230, LIZY COTTAGE,
             PIPPINMOODU, SASTHAMANGALAM P.O.,
             THIRUVANANTHAPURAM-695010,
             REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
             S.MARY LIZY, T.C.5/1230, 'LIZY COTTAGE',
             PIPPINMOODU, SASTHAMANGALAM P.O.,
             THIRUVANANTHAPURAM-695010.

             BY ADVS.
             DR.PAULY MATHEW MURICKEN
             SRI.S.SAJITH

RESPONDENT/S:

      1      STATE OF KERALA,
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM-695001.

      2      THIRUVANANTHAPURAM MUNICIPAL CORPORATION,
             CORPORATION MAIN OFFICE,
             THIRUVANANTHAPURAM-695027,
             REPRESENTED BY ITS SECRETARY.

      3      THE ZONAL OFFICER,
             THIRUVANANTHAPURAM MUNICIPAL CORPORATION,
             KUDAPPANAKUNNU ZONAL OFFICE,
             THIRUVANANTHAPURAM-695043.
 W.P.(C) No.5148 of 2021
                                            2

            4             REMYA, D/O. ARAVINDAKSHAN NAIR,
                          T.C.20/2155, MLA ROAD, DNRA 18,
                          PATHIRAPALLY, KUDAPPANAKUNNU P.O.,
                          THIRUVANANTHAPURAM, PIN-695043.




                          BY SRI.P.K.MANOJ KUMAR, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.5148 of 2021
                                                    3




                                W.P.(C) No.5148 of 2021
                              -----------------------------------------------


                                         JUDGMENT

The petitioner owns a property within the limits of the second

respondent Corporation. The adjoining property on the south of the property

of the petitioner is a property owned by the fourth respondent. The

grievance of the petitioner in the writ petition concerns the alleged

unauthoroised construction carried out by the fourth respondent in her

property violating the rights of the petitioner. Exts.P2 and P3 are the

complaints lodged by the petitioner in this regard before the second

respondent. It is alleged that Exts.P2 and P3 are not being attended to by

the competent authority of the second respondent. The petitioner therefore

seeks appropriate directions in this regard.

2. Heard the learned counsel for the petitioner as also the

learned Standing Counsel for the second respondent.

3. When the matter was taken up, the learned counsel for the

petitioner only prayed for a direction to the competent authority of the

second respondent to take appropriate action on Exts.P2 and P3 complaints.

4. In the nature of the order I propose to pass in this matter,

no notice need be issued to the fourth respondent.

Having regard to the fact that the limited relief sought by the the

petitioner is only for a direction to the competent authority of the second

respondent to take appropriate action on Exts.P2 and P3 complaints, the writ W.P.(C) No.5148 of 2021

petition is disposed of granting the said relief. The direction aforesaid shall

be complied with, within three weeks from the date of production of a copy

of this judgment, after affording the petitioner as also the fourth respondent

an opportunity of hearing. It is also directed that pending disposal of Exts.P2

and P3, the competent authorities of the second respondent shall ensure

that the construction, if any, of the fourth respondent is in accordance with

the building rules applicable and also the building permit obtained by her.

Sd/-

P.B.SURESH KUMAR, JUDGE rkj W.P.(C) No.5148 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF THE POWER OF ATTORNEY DATED 26.3.2019.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE REPRESENTATION NO.A2/769/21 DATED 9.2.2021 PREFERRED BEFORE THE 3RD RESPONDENT.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE REMINDER DATED 22.2.2021 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE REPRESENTATION NO.A2/1119/21 DATED 22.2.2021 PREFERRED BY THE POWER OF ATTORNEY HOLDER OF THE PETITIONER BEFORE THE 3RD RESPONDENT.