Uma Murthi vs The State Of Kerala
2022 Latest Caselaw 4965 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                   &
               THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
     WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                          WA NO. 548 OF 2022
   AGAINST THE ORDER IN WP(C) 7197/2022 OF HIGH COURT OF KERALA
APPELLANT:

             UMA MURTHI
             AGED 52 YEARS
             D/O.S.MAHALINGAM, PERMANENTLY RESIDING AT HOUSE
             NO.2/80, NEW NUMBER 6/69, WARD NO.1, BLOCK NO 46,
             GOVINDARAJAPURAM VILLAGE, PALAKKAD DISTRICT-678 003,
             KERALA STATE.

             BY ADV UMA MURTHI(Party-In-Person)



RESPONDENTS:

    1        THE STATE OF KERALA
             DULY REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL
             SELF GOVERNMENT, SECRETARIAT NORTH BLOCK, ROOM NO.149,
             THIRUVANANTHAPURAM-695 001, KERALA STATE.

    2        THE CHIEF TOWN PLANNER AND MEMBER SECRETARY
             ART AND HERITAGE COMMISSION, SWARAJ BHAVAN, 2 AND 3RD
             FLOOR, NANTHANCODE, KAWADIAR P.O., THIRUVANANTHAPURAM-
             695 003, KERALA STATE.

    3        THE SECRETARY
             PALAKKAD MUNICIPALITY, MUNICIPAL BUILDINGS, PALAKKAD-
             678 001, KERALA STATE.

    4        THE DISTRICT TOWN PLANNER
             DISTRICT TOWN AND COUNTRY PLANNING OFFICE, CIVIL
             STATION, PALAKAKD-678 001, KERALA STATE.

    5        P.K.BALAKRISHNAN
             1/729, OLD KALPATHY, PALAKKAD-678 003.
 WA NO. 548 OF 2022
                                2

    6     LATHA B.
          W/O. P.K.BALAKRISHNAN, 1/729, OLD KALPATHY, PALAKKAD-
          678 003.

    7     THE DISTRICT COLLECTOR
          CIVIL STATION, PALAKKAD-678 001, KERALA STATE.

    8     REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, PALAKKAD-678 001, KERALA
          STATE.

    9     BABU R.
          OVERSEER AND MUNICIPAL ENGINEER, PALAKKAD MUNICIPALITY,
          MUNICIPAL BUILDINGS, PALAKKAD.

          BY ADV V.MIDHUN SREE MOHAN

           By Binoy Vasudevan



          SR.GP-JUSTIN JACOB




     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 548 OF 2022
                                 3



                              JUDGMENT

Devan Ramachandran,J.

Smt.Uma Murthi - the appellant appearing

in person, alleges that the learned Single

Judge has erred in disallowing her request

for appointment of an Advocate Commissioner

to ascertain the damage caused on account of

the offending structure being constructed by

the party respondents.

2. However, we notice from the impugned

order that the learned Single Judge has

rightly found that under Rule 10 (12) of the

Kerala Municipality Building Rules (KMBR), a

Technical Expert Committee is statutorily

vested with the authority to verify and

report about these aspects; and therefore, WA NO. 548 OF 2022

do not deem it necessary or apposite to

intervene with the said order.

3. That said, we are cognizant that the

apprehension of Smt.Uma Murthi - petitioner

appearing in person, is that there are

certain issues which only herself, or an

engineer of her choice, can point out to the

Technical Expert Committee.

4. Sri.Binoy Vasudevan - learned

Standing Counsel appearing for the

Municipality, in response, submitted that

the petitioner has already been offered the

opportunity to be present when the Technical

Expert Committee does its inspection on

06.05.2022 and this is affirmed by the

learned counsel for the party respondents

also.

WA NO. 548 OF 2022

5. We, therefore, are of the firm view

that though this appeal cannot be

entertained or allowed by this Court, it

will be just and proper that the petitioner

be allowed to be assisted by an Engineer of

her choice; however, making it clear that

the said person cannot in any manner

intervene with the investigation or enquiry

by the Statutory Committee, but can only

assist the petitioner, who can then put

forth all her suggestions before the said

Committee.

6. We make it clear that if the

petitioner makes any such suggestions,

assisted by the person of her choice, the

same shall be reflected in the final report

of the Committee, so that it can then be WA NO. 548 OF 2022

taken into account by the learned Judge,

while the writ petition is disposed of.

Needless to say, all the other

contentions of the parties are left open,

without being considered in any manner in

this Appeal.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE SAS WA NO. 548 OF 2022

APPENDIX OF WA 548/2022

PETITIONER'S ANNEXURES

Annexure A1 TRUE COPY OF I.A.NO.2 OF 2022 IN W.P.(C) NO.7197 OF 2022.

Annexure A2 TRUE COPY OF NOTICE DATED 27.04.2022.