P.N.Santhosh vs The Executive Engineer
2024 Latest Caselaw 11298 Ker

Kerala High Court

P.N.Santhosh vs The Executive Engineer on 19 April, 2024

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
         FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                          WP(C) NO. 6394 OF 2024
PETITIONER(S):

            P.N.SANTHOSH,
            AGED 52 YEARS
            S/O. P.K.NARAYANAN,PULIMUTTATHUPARAMBIL HOUSE,KALATHIL LONAN
            ROAD @ KALATHIL LONAPPAN ROAD,PANAMPILLY NAGAR, KOCHI,
            PIN - 682036
            BY ADV P.P.JACOB

RESPONDENT(S):

     1      THE EXECUTIVE ENGINEER,
            KOCHI MUNICIPAL CORPORATION, KOCHI, ERNAKULAM,
            PIN - 682011
     2      THE KOCHI MUNICIPAL CORPORATION,,
            BOAT JETTY, ERNAKULAM,REPRESENTED BY ITS SECRETARY,
            PIN - 682011
     3      MUNICIPAL COUNCIL OF KOCHI CORPORATION,
            CORPORATION OF KOCHI,ERNAKULAM,REPRESENTED BY ITS SECRETARY,
            PIN - 682011
     4      EDWARD JOSEPH,
            S/O JOSEPH,KUNNIKKASSERY HOUSE,PANAMPILLY NAGAR, KOCHI,
            PIN - 682036
            BY ADVS.
            K.JANARDHANA SHENOY, SC,KOCHI MUNICIPAL CORPORATION
            ARUN ANTONY
            LAL K.JOSEPH
            SURESH SUKUMAR
            T.A.LUXY
            P.MURALEEDHARAN (THURAVOOR)
            ANZIL SALIM
            SANJAY SELLEN
            AKASH GEORGE



     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.6394 of 2024

                                     2


                               JUDGMENT

Dated this the 19th day of April, 2024

The petitioner has approached this Court

seeking a direction to respondents 1 and 2, not to

restrain the petitioner from conducting the repair

works of the portion of the damaged compound

wall.

2. Petitioner is the title holder of 1.63 ares of

landed property, situated in Sy.No.1018/7 of

Ernakulam Village in Kanayannur Taluk. Petitioner

had constructed a residential building as well as a

compound wall in his property, which is situated on

the side of the Kalathil Lonappan Road, belonging

to the 2nd respondent Corporation, except for the

eastern side, where the 4th respondent is residing.

The grievance of the petitioner is that, when the

petitioner attempted to repair the compound wall,

which got damaged due to heavy rain, the 4 th

respondent due to previous animosity and with the

intention to harass the petitioner, filed a complaint

before the 2nd respondent, alleging that the repair

works of the compound wall is causing obstruction

to the traffic, as also, to the entry to his residence.

3. Pursuant to the complaint filed by the 4 th

respondent, 1st respondent issued Ext.P4 letter,

requiring the petitioner to stop the construction

activities and to file an application before the 2 nd

respondent for carrying out the repair works. The

petitioner has been running from pillar to post for

obtaining permission to carry out the construction

activities. Thereafter, the petitioner filed a

representation before the Chief Minister's

Grievance Cell and Ext.P10 report was issued by

the 1st respondent, intimating the petitioner that,

permission for repairing the compound wall cannot

be granted, as the complaint filed by the 4 th

respondent against the same is pending.

4. Heard the learned Counsel on either side.

5. The learned Counsel for the petitioner submits

that the petitioner is conducting repair works of the

damaged portion of the compound wall as well as one

of the pillar, where the portion of the gate was fixed.

However, Ext.P11 appeal filed by the petitioner is

pending consideration before the 3rd respondent.

6. In the facts and circumstances of the case,

I am of the opinion that, this writ petition can be

disposed of with a direction.

The 3rd respondent is directed to consider and

pass orders on Ext.P11 appeal within a period of two

weeks from the date of receipt of a certified copy of

this judgment. It is made clear that before any such

orders are passed, the 3rd respondent shall afford an

opportunity of hearing to the petitioner as well as to

the 4th respondent.

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE NB/19-4

APPENDIX OF WP(C) 6394/2024

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE SKETCH SHOWING THE NATURE AND LIE OF THE PROPERTY ISSUED BY THE VILLAGE OFFICER, ERNAKULAM EXHIBIT P2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 24.4.2023 ISSUED BY THE VILLAGE OFFICER, ERNAKULAM EXHIBIT P3 TRUE PHOTOCOPY OF THE PHOTOGRAPHS OF THE BUILDING OF THE PETITIONER EXHIBIT P4 TRUE PHOTOCOPY OF THE LETTER DATED 3.7.23 ISSUED BY THE FIRST RESPONDENT EXHIBIT P5 TRUE PHOTOCOPY OF THE REPLY FILED BY THE PETITIONER DATED 22.7.23 TO THE SECOND RESPONDENT EXHIBIT P6 TRUE PHOTO COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT DATED 1.9.23 EXHIBIT P 7 TRUE PHOTO COPY OF THE REPLY DATED 08/09/2023 SUBMITTED BY THE PETITIONER BEFORE THE AUTHORITY EXHIBIT P8 TRUE PHOTO COPY OF THE REPRESENTATION DATED20.12.23 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P9 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE PUBLIC INFORMATION OFFICER, KOCHI MUNICIPAL CORPORATION TO THE PETITIONER DATED 17.1.2024 EXHIBIT P10 TRUE PHOTOCOPY OF THE REPORT DATED 8.1.2024 ISSUED BY THE FIRST RESPONDENT EXHIBIT P11 TRUE PHOTOCOPY OF THE APPEAL DATED 7.2.24 FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT EXHIBIT P12 TRUE PHOTOCOPY OF THE LETTER DATED 12.3.2024 ISSUED BY THE 1ST RESPONDENT WITH COPY OF THE COMPLAINT AND REPLY TO 4TH RESPONDENT

RESPONDENT EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE