Rajashree P vs Cheruthazham Grama Panchayath
2021 Latest Caselaw 10743 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.3541 OF 2021(P)

PETITIONER:

               RAJASHREE P.,
               AGED 42 YEARS, W/O VIJAYAKUMAR, SREE RAGHAV
               NARAYANA, PERIYATT, VILAYANKODE P.O.,
               CHERUTHAZHAM AMSON, DESOM, PAYYANNUR TALUK,
               KANNUR DISTRICT, PIN-670 504.

               BY ADVS.
               SRI.M.DEVESH
               SRI.M.ANUROOP

RESPONDENTS:

      1        CHERUTHAZHAM GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY,
               CHERUTHAZHAM, KANNUR DISTRICT, PIN-670 501.

      2        THE SECRETARY,
               CHERUTHAZHAM GRAMA PANCHAYATH,
               CHERUTHAZHAM, KANNUR DISTRICT, PIN-670 501.

      3        M.REMADEVI,
               W/O MAHESH KUMAR, RESIDING AT AMARAVATHI, PERIYATT,
               VILAYAMKODE, CHERUTHAZHAM AMSOM DESOM, PAYYANNUR
               TALUK, KANNUR DISTRICT, PIN-670 501.

               R3 BY ADV. SRI.ZUBAIR PULIKKOOL
               R3 BY ADV. SRI.P.S.BINU
               R3 BY ADV. SRI.P.P.ULLASAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3541 of 2021
                                     -2-




                      W.P.(C) No.3541 of 2021
                 -------------------------------------------


                            JUDGMENT

The third respondent is constructing an apartment

complex in the property adjoining to the residential property of

the petitioner. It is alleged by the petitioner that the construction

of the apartment complex by the third respondent is against the

terms of the building permit and violating the building rules.

Ext.P8 is the complaint lodged by the petitioner before the

second respondent in this regard. It is stated by the petitioner

that Ext.P8 is not being acted upon by the second respondent.

The petitioner, therefore, seeks appropriate directions in this

regard in the writ petition.

2. Heard the learned counsel for the petitioner as

also the learned counsel for the third respondent.

Having regard to the case set out by the petitioner in

the writ petition, I deem it appropriate to dispose of the writ W.P.(C) No.3541 of 2021

petition directing the second respondent to consider and pass

orders on Ext.P8 compliant preferred by the petitioner with notice

to the petitioner as also the third respondent. Ordered

accordingly. This shall be done within one month. In the

meanwhile, the second respondent shall ensure that the

construction of the building by the third respondent is strictly in

accordance with the terms of the building permit and the

applicable building rules.

Sd/-

P.B.SURESH KUMAR JUDGE YKB W.P.(C) No.3541 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE GIFT DEED NO 3542/2014 OF S.R.O PAZHAYANGADI DATED 29.11.2014

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE CHERUTHAZHAM VILLAGE OFFICER IN THE YEAR 2020-21 DATED 11.6.2014

EXHIBIT P3 PHOTOGRAPHS SHOWING THE LIE AND NATURE OF THE WELL OF THE PETITIONER AND CONSTRUCTION OF SEPTIC TANK IN THE PROPERTY OF THE 3RD RESPONDENT

EXHIBIT P4 PHOTOGRAPHS SHOWING THE LIE OF THE BUILDING OF THE 3RD RESPONDENT AND PRIVATE ROAD OF THE PETITIONER

EXHIBIT P5 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE R.T.I

EXHIBIT P6 TRUE COPY OF THE REPLY DATED 13.1.2021 BY THE STATE PUBLIC INFORMATION OFFICER

EXHIBIT P7 TRUE COPY OF THE CAVEAT OP FILED BY THE 3RD RESPONDENT AGAINST THE PETITIONER

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE RESPONDENT PANCHAYATH ALONG WITH THE RECEIPT ISSUED BY THE PANCHAYATH DATED 29.12.2020