Alfa Breeze Apartment Residents ... vs Thrissur Municipal Corporation
2023 Latest Caselaw 6685 Ker

W.P.(C) No.20027 of 2023
                                1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                      WP(C) NO. 20027 OF 2023
PETITIONER:

           ALFA BREEZE APARTMENT RESIDENTS ASSOCIATION
           (REG. NO.TSR/TC/116/2021), ALFA BREEZE APARTMENT,
           C R IYYNNI ROAD, BUILDING NO. 12/1212, CHEMBUKAVU
           P.O, THRISSUR. REPRESENTED BY ITS SECRETARY.,
           PIN - 680 020.

           BY ADVS.
                LINDONS C.DAVIS
                E.U.DHANYA
                N.S.SHAMILA


RESPONDENTS:

     1      THRISSUR MUNICIPAL CORPORATION
            REPRESENTED BY ITS SECRETARY, MUNICIPAL
            CORPORATION OFFICE, THRISSUR., PIN - 680 001.

     2      SECRETARY
            THRISSUR MUNICIPAL CORPORATION, MUNICIPAL
            CORPORATION OFFICE, THRISSUR-680 001.

            BY ADV SANTHOSH P.PODUVAL


OTHER PRESENT:

            SMT. DEVISREE)GP)


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.20027 of 2023
                                2


                           JUDGMENT

Dated this the 20th day of June, 2023

The petitioner is an association of owners and

occupants of the Flats in Alfa Breeze Apartment at Thrissur. The

petitioner states that a notice was issued alleging that in certain

Apartment Units, the balcony is closed, the sheets are

projecting and there is excess usage of floor area. It was also

alleged that side open space are covered with sunshade sheets

and the terrace is covered by sheet. The flats were allotted

unauthorized construction numbers.

2. The petitioner states that the alleged unauthorized

constructions in the common area made by the builder were

removed and reported to the 1st respondent-Corporation. When

some Apartment Owners approached the

1st respondent-Corporation to change the category, the

1st respondent-Corporation is not changing the category of the W.P.(C) No.20027 of 2023

petitioner's flat giving regular number, for the reason that sheet

covering is made over the terrace for protection of the building.

3. The petitioner submitted Ext.P8 representation to the

2nd respondent-Secretary pointing out that there is no covering

on the sides of the terrace and the terrace is not utilized for

human occupation or other purpose. The petitioner has also

given an undertaking that they will remove the same whenever

it is necessary. However, the respondents have not assigned

regular buildings numbers to the Apartment Units.

4. Standing Counsel entered appearance on behalf of

the respondents. The Standing Counsel denied all the material

allegations made by the petitioner in the writ petition. However,

on behalf of the respondents, it is submitted that since the

petitioner has submitted Ext.P8 representation before the

2nd respondent-Secretary, the same can be considered in

accordance with law.

W.P.(C) No.20027 of 2023

In view of the stand as taken above, the writ petition

is disposed of directing the 2nd respondent-Secretary to

consider Ext.P8 representation filed by the petitioner and take

appropriate decision thereon in accordance with law within a

period of six weeks.

Sd/-

N.NAGARESH AMR JUDGE W.P.(C) No.20027 of 2023

APPENDIX OF WP(C) 20027/2023

PETITIONER'S EXHIBITS

Exhibit P1 A COPY OF THE NOTICE NO.DW4/13851/21 DATED 15.12.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 A COPY OF THE NOTICE NO.DW4/13851/21 DATED 21.07.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 A COPY OF THE REPRESENTATION DATED 26.09.2022 SUBMITTED BY THE OCCUPANTS.

Exhibit P4 A COPY OF THE RECEIPT NO.49144 DATED 27.09.2022 ISSUED BY THE THRISSUR CORPORATION.

Exhibit P5 ACOPY OF THE DEMAND NOTICE BUILDING NO.1212/16UA DATED 21.01.2022.

Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 28.12.2022 SUBMITTED BY SRI.SREEKUMAR.M BEFORE THE 2ND RESPONDENT.

Exhibit P7 A COPY OF THE RECEIPT NO.80479 DATED 30.12.2022.

Exhibit P8 A COPY OF THE REPRESENTATION DATED 29.05.2023 BEFORE THE 2ND RESPONDENT.

Exhibit P9 A COPY OF THE RECEIPT NO.39236 DATED 29.05.2022.