Kerala High Court
Sudha.M vs The Corporation Of Kochi on 14 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:51965
WP(C) NO. 22202 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 22202 OF 2023
PETITIONER:
SUDHA.M.,
AGED 38 YEARS
D/O. MURUKESHAN,HOUSE NO.38, UDAYA
COLONY,GANDHINAGAR, KADAVANTHARA, ERNAKULAM, PIN -
682020.
BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA
SRI.NABIL KHADER
SMT.CHITHRA C.EDADAN
RESPONDENTS:
1 THE CORPORATION OF KOCHI,
REPRESENTED BY ITS SECRETARY, CORPORATION
OFFICE,PARK AVENUE ROAD,ERNAKULAM, PIN - 682011
2 THE SECRETARY,
CORPORATION OF KOCHI,CORPORATION OFFICE,PARK
AVENUE ROAD,ERNAKULAM, PIN - 682011
3 THE ASSISTANT EXECUTIVE ENGINEER,
CORPORATION OF KOCHI,VYTTILA ZONAL OFFICE,VYTTILA,
ERNAKULAM, PIN - 682019
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4 THE ASSISTANT ENGINEER,
CORPORATION OF KOCHI,VYTTILA ZONAL OFFICE
(ENGINEERING AND TOWN PLANNING),VYTTILA,
ERNAKULAM, PIN - 682019
5 SUNI GOPI,
AGED 40 YEARS
HOUSE NO.39, UDAYA COLONY,GANDHINAGAR,
KADAVANTHARA,ERNAKULAM, PIN - 682020
BY ADVS.
SRI.JANARDHANA SHENOY
SMT.ANITHA MATHAI MUTHIRENTHY
SMT.ANGITA T. MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C) NO. 22202 OF 2023
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C.S.DIAS, J.
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W.P.(C) No.22202 of 2025
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Dated this the 14th day of July, 2025
JUDGMENT
The writ petition is filed to direct the respondents 1
to 4 to take immediate steps to demolish the
unauthorised construction carried out by the 5 th
respondent.
2. The petitioner contends that the 5th
respondent has carried out unauthorised construction in
his property. Despite Exts.P3 to P8 notices and orders
passed against the 5th respondent, no action has been
taken in the matter. Therefore, the petitioner seeks a
direction to the competent among the respondents 1 to
4 to finalise the proceedings pursuant to Exts.P3 to P8
immediately.
3. The respondents 1 to 4 in their counter-
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affidavit have stated that the 5 th respondent has illegally
constructed a sunshade adjacent to the wall on the
western side of his property. Consequently, the
Engineering Department of the 1st respondent had issued
Ext.P3 notice to the 5th respondent to demolish the
construction. Since the 5th respondent did not act upon
the matter, Ext.P4 provisional order was passed.
Subsequently, the 5th respondent appeared and
submitted that the unauthorised construction was
demolished and the Building Inspector found the
statement to be correct. However, the petitioner again
submitted a complaint stating that three cracks have
occurred in her house due to the illegal construction
being carried out in the 5th respondent's property. The
4th respondent conducted an inspection and found that
the 5th respondent was maintaining a proper distance
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from the middle wall, but while moving upwards to the
upper floors, the structures are found close to the wall
and close to the house of the petitioner. Consequently, a
confirmation order under Section 406(3) of the Kerala
Municipality Act, 1994 would be issued to the 5 th
respondent and necessary action would be taken in the
matter.
4. The 5th respondent in his counter-affidavit has
stated that, pursuant to Exts.P3 and P4 notices, he had
demolished the sunshade. After that, Exts.P5 to P7
notices were issued directing him to demolish the
parapet. The said direction has also been complied with,
which is evident from Exts.R5(b) and R5(c) photographs.
However, the 5th respondent states that he has not
received Ext.P8 notice mentioned in the writ petition.
The writ petition is meritless and only to be dismissed.
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WP(C) NO. 22202 OF 2023
5. The learned Standing Counsel appearing for
respondents 1 to 4 has also produced a report dated
05.12.2023 of the Assistant Executive Engineer of the 1 st
respondent-Corporation.
6. Heard; the learned Counsel for the petitioner,
the learned Sanding Counsel for respondents 1 to 4 and
the learned Counsel for the 5th respondent.
7. On a consideration of the facts and the
materials on record, and the rival submissions made
across the Bar, especially the disputed question
regarding the unauthorised construction allegedly carried
out by the 5th respondent, I am of the definite view that
the competent officer of the respondents 1 to 4 has to
finalise the proceedings pursuant to Exts.P5 to P8
notices after considering the report of the 3 rd
respondent.
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Accordingly, I dispose of the writ petition by
directing the competent among the respondents 2 to 4
to finalise the proceedings pursuant to Exts.P5 to P8
notices, in accordance with law and expeditiously as
possible, at any rate, within 90 days from the date of
production of a copy of this judgment, after affording the
petitioner and the 5th respondent an opportunity of being
heard and after considering the report of the 3 rd
respondent. Until orders are passed in the above
proceedings, status quo as on today shall be maintained.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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APPENDIX OF WP(C) 22202/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE PHOTOGRAPH OF THE ILLEGAL
CONSTRUCTION CARRIED OUT BY THE 5 TH
RESPONDENT JOINING TO THE BUILDING OF
THE PETITIONER
EXHIBITP2 THE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 31.10.2022
EXHIBIT P3 THE COPY OF THE NOTICE OF DEMOLITION
ISSUED BY THE 3 RD RESPONDENT TO THE 5
TH RESPONDENT DATED 08.11.2022
EXHIBIT P4 THE COPY OF THE NOTICE U/S.406(1) OF
KERALA MUNICIPALITY ACT, 1994 DATED
14.12.2022
EXHIBIT P5 THE COPY OF THE NOTICE DATED 06.02.2023
ISSUED BY THE 4 TH RESPONDENT TO THE 5
TH RESPONDENT
EXHIBIT P6 THE COPY OF THE NOTICE DATED 14.02.2023
ISSUED BY THE 4 TH RESPONDENT TO 5 TH
RESPONDENT
EXHIBIT P7 THE COPY OF THE SHOW CAUSE NOTICE ISSUED
BY THE 3 RD RESPONDENT TO THE 5 TH
RESPONDENT DATED 23.02.2023
EXHIBIT P8 THE COPY OF THE SECOND HEARING NOTICE
DATED 21.03.2023 ISSUED BY THE 3 RD
RESPONDENT TO THE 5 TH RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R5(E) A TRUE COPY OF THE BUILDING PERMIT DATED
19.10.2020
EXHIBIT R5(A) A TRUE COPY OF THE PHOTOGRAPHS OF THE
RESIDENTIAL BUILDINGS
EXHIBIT R5(B) A TRUE COPY OF THE PHOTOGRAPHS OF THE
ALLEGED ILLEGAL CONSTRUCTION
EXHIBIT R5(C) A TRUE COPY OF THE PHOTOGRAPH OF THE
PORTION AFTER DEMOLITION
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EXHIBIT R5(D) A TRUE COPY OF THE LETTER DATED
26.9.2023 AND ACKNOWLEDGEMENT
