Dr.Jose Pappanacherry vs The Maradu Municipality And ...
2022 Latest Caselaw 10404 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                   WP(C) NO. 2092 OF 2011
PETITIONER:

          DR.JOSE PAPPANACHERRY
          WATERFORD VILLA,
          MARADU POST,ERNAKULAM DISTRICT.
          BY ADVS.
          SRI.E.K.NANDAKUMAR
          SRI.P.BENNY THOMAS
          SRI.K.JOHN MATHAI

RESPONDENTS:

    1     THE MARADU MUNICIPALITY
          REPRESENTED BY ITS SECRETARY,
          MARADU POST,ERNAKULAM,PIN-682304.
    2     THE VILLAGE OFFICER, MARADU VILLAGE
          MARADU POST,ERNAKULAM,PIN-682304.
    3     THE GCDA, REPRESENTED BY ITS CHAIRMAN
          KADAVANTHARA,ERNAKULAM.
    4     MS.HOLLY FAITH BUILDERS AND DEVELOPERS PVT.LTD,
          34/2353,MAMANGALAM,COCHIN-682025,
          REPRESENTED BY ITS MANAGING DIRECTOR SANY
          FRANCIS,S/O.K.C.FRANCIS, 48/2005 C,
          KATTRUKUDYIL HOUSE,RMV ROAD,,
          ELAMAKKARA POST,COCHIN-682026.
          BY ADVS.
          SRI.S.CHANDRASENAN
          SRI.V.M.KURIAN
          SRI.MATHEW B. KURIAN
          SRI.S.B.PREMACHANDRA PRABHU
          SRI.MINI V.A., SC, GCDA
          SRI.K.T.THOMAS


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WPC.No.2092/2011

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                    W.P.(C).No.2092 of 2011
             ----------------------------------------------
           Dated this the 07th day of October, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to immediately initiate action against the 4th respondent.

ii. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to 3 to immediately take up Exhibits P-6, P-7 and P-8 respectively and to conduct enquiry as submitted therein and to take action as contemplated under law. iii. To issue a writ of mandamus or any other appropriate writ, order or direction calling for the records leading to Exhibit P-5 building permit issued to the 4th respondent and quash the same as one issued in violation of the mandatory provisions of the Kerala Municipal Building Rules. iv. To issue such other orders as are deemed fit and proper by this Hon'ble Court on the facts and in the circumstances of the case.

(SIC) WPC.No.2092/2011

2. This writ petition is pending before this Court from

19.01.2011 onwards. The main prayer in this writ petition is

to direct respondents 1 to 3 to initiate action against the 4 th

respondent for the alleged building rules violation. No interim

order is passed in this case. This writ petition need not be

retained before this Court. If there is any surviving grievance

to the petitioner, he is free to approach the competent

authority.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WPC.No.2092/2011

APPENDIX OF WP(C) 2092/2011

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE APPLICATION TO THE MARADU MUNICIPALITY UNDER THE RIGHT TO INFORMATION ACT Exhibit P2 THE TRUE COPY OF THE REPLY GIVEN TO EXHIBIT P-1 APPLICATION OF THE PETITIONER WITH ITS ENGLISH TRANSLATION Exhibit P3 THE PHOTOGRAPHS OF THE ENCROACHMENTS MADE BY THE 4TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE DEED EXECUTED BY THE 4 TH RESPONDENT WITH A BUYER SHOWING THE BOUNDARIES OF THE PROPERTY.

Exhibit P5 THE TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE 4TH RESPONDENT BY THE MARADU GRAMA PANCHYATH Exhibit P6 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P7 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P8 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE AGREEMENT DATED 18.10.2006 EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT Exhibit P10 TRUE COPY OF PHOTOGRAPHS SHOWING THE ILLEGAL CONSTRUCTIONS MADE BY THE 4TH RESPONDENT ABUTTING THE BOUNDARY WALL OF THE PETITIONER AND ALSO ENCROACHING UPON THE PUBLIC 'THODU', WHICH WAS FLOWING ON THE IMMEDIATE NORTHERN SIDE OF THE PETITIONER'S BOUNDARY WALL Exhibit P11 TRUE COPY OF PHOTOGRAPHS SHOWING THE CONSTRUCTION OF A SWIMMING POOL ABUTTING THE BOUNDARY WALL OF THE PETITIONER WPC.No.2092/2011

Exhibit P12 TRUE COPIES OF THE PLANS (3 IN NUMBER) OF THE BUILDING RESPONDENT EXHIBITS Exhibit R4 A TRUE COPY OF THE CANCELLATION NOTICE DATED 05.01.2010 ISSUED BY THIS 4TH RESPONDENT TO THE PETITIONER Exhibit R4 B TRUE COPY OF THE COMPLETION CERTIFICATE DATED 18.01.2012 SUBMITTED BY THE ARCHITECT WITH THE 1ST RESPONDENT MUNICIPALITY Exhibit R4 C TRUE COPY OF THE ORDER DATED 29.05.2012 ISSUED BY THE 1ST RESPONDENT ASSIGNING DOOR NUMBERS TO THE APARTMENTS AND FIXING THE BUILDING Exhibit R4 D THE TRUE COPY OF THE SURVEY SKETCH ISSUED BY THE VILLAGE OFFICER Exhibit R4 E THE TRUE COPY OF THE BASIC TAX RECEIPT Exhibit R4 F THE TRUE COPY OF THE REPLY DATED 10.01.2012 ISSUED BY THIS RESPONDENT TO THE 1ST RESPONDENT Exhibit R4 G THE TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.23406/2007 DATED 13.09.2012.