Eshitha Sunil,(Minor) vs Corporation Of Cochin
2022 Latest Caselaw 12223 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                       WP(C) NO. 41874 OF 2022
PETITIONERS:

     1     ESHITHA SUNIL,(MINOR)
           AGED 15 YEARS
           D/O SUNIL RAMAKRISHNAN,
           10B, MATHER DOVER COURT,
           SREEKANDATH ROAD, RAVIPURAM
           COCHIN - 682016 REPRESENTED BY
           SUNIL RAMAKRISHNAN, AGED 47,
           S/O C.V. RAMAKRISHNAN,
           10B, MATHER DOVER COURT,
           SREEKANDATH ROAD, RAVIPURAM
           COCHIN - , PIN - 682016
     2     SUNIL RAMAKRISHNAN,
           AGED 47 YEARS
           S/O C.V. RAMAKRISHNAN,
           10B, MATHER DOVER COURT,
           SREEKANDATH ROAD, RAVIPURAM
           COCHIN , PIN - 682016
           BY ADVS.
           P.T.MARY
           R.S.REJITHA


RESPONDENTS:

     1     CORPORATION OF COCHIN
           REPRESENTED BY SECRETARY
           PARK AVENUE ROAD, MARINE DRIVE
           COCHIN, KERALA PIN - 682011
     2     KERALA STATE POLLUTION CONTROL BOARD
           REPRESENTED BY DIRECTOR
           KADAVANTHARA
           ERNAKULAM
           ,PIN - 682020
     3     ASSET HOMES
           REPRESENTED BY
           MANAGER, ASSET HOMES,
 WP(C) NO.41874 OF 2022
                          2



         NO. XV/ 246C
         NH BYPASS
         KUNDANOOR JUNCTION, MARADU P.O.,
         COCHIN
         PIN - 682304
     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.41874 OF 2022
                                  3




                         JUDGMENT

Dated this the 22nd day of December, 2022

The 1st petitioner states that she is a student of

Gregorian Public School, Maradu, who is writing Pre Board

Examination in the 10th Grade scheduled to commence from

04.01.2023. A construction of an Apartment Complex is going

on in the adjacent property. The petitioners want to stop the

construction for one week to enable the 1st petitioner to study

for the Pre Board Examination.

2. I do not find any merit in the writ petition. The

construction if carried out after obtaining Building Permit and

other statutory licences, cannot be stopped. The petitioners

have no case that there is any issue of environmental

pollution beyond the prescribed limits. The petitioners have

not brought out any illegality in the construction. The

construction of the building cannot be ordered to be stopped WP(C) NO.41874 OF 2022

for the sole reason that the 1st petitioner's examination is

scheduled.

The writ petition is hence dismissed.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.41874 OF 2022

APPENDIX OF WP(C) 41874/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE IDENTITY CARD OF THE 1ST PETITIONER Exhibit P2 THE TRUE COPY OF THE PHOTOGRAPH OF THE CONSTRUCTION SITE OF ASSET MOONGRACE Exhibit3 THE TRUE COPY OF THE PHOTOS OF THE CONSTRUCTION WORK AS SEEN FROM THE APARTMENT OF THE PETITIONERS RESPONDENT'S EXHIBITS : NIL