IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 36176 of 2010(V) ---------------------------------------- PETITIONER(S): ------------------------ PAPPACHAN, S/O. PAPPU, AGED 64 YEARS, RESIDING AT KANNENANCHERY HOUSE, AYYAMPUZHA.P.O., CUTTING, AYYAMPUZHA VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ALEX.M.SCARIA, SRI.SAJU JOSE. RESPONDENT(S): -------------------------- 1. AYYAMPUZHA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, AYYAMPUZHA.P.O., MANJATHRA VIA, 683 581, ERNAKULAM DISTRICT. 2. LISA PAUL, SHOURYAMAKKA, AYYAMPUZHA.P.O., CUTTING, AYYAMPUZHA VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, 683 581. R1 BY ADV. SRI.S.SHANAVAS KHAN. R2 BY ADV. SRI.JAWAHAR JOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 36176/2010-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BUILDING TAX RECEIPT DATED 05/08/2009 ISSUED FROM AYYAMPUZHA GRAMA PANCHAYATH. EXT.P2: COPY OF THE APPLICATION DATED 26/08/2010 FILED BEFORE THE 1ST RESPONDENT TO RETRAIN THE 2ND RESPONDENT FROM CONSTRUCTING THE BUILDING VOLATING THE RULES. EXT.P3: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 27/08/2010 BEARING NO.A6-7508/2010. EXT.P4: COPY OF THE STOP MEMO ISSUED BY THE 1ST RESPONDENT, ORDER DATED 30/09/2010. EXT.P5: COPY OF THE APPLICATIOIN DATED 30/09/2010 UNDER RTI ACT. EXT.P6: COPY OF THE COVERING LETTER DATED 28/10/2010. EXT.P7: COPY OF THE BUILDING PLAN DATED 11/08/2010. EXT.P8: COPY OF THE COMPLAINT DATED 25/11/2010 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENT'S ANNEXURES: ANNEXURE-R2(a): COPY OF THE REGISTERED DOUCMENT DATED 27/08/2005. ANNEXURE-R2(b): COPY OF THE BUILDING PERMIT DATED 20/08/2010. ANNEXURE-R2(c): COPY OF THE GOVERNMENT CIRCULAR DATED 03/01/2008. ANNEXURE-R2(d): COPY OF THE ORDER ISSUED BY PANCHAYATH SECRETARY DATED 27/11/2010. //TRUE COPY// P.S. TO JUDGE rs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.36176 of 2010 ------------------------------- Dated this the 20th day of December, 2010 J U D G M E N T The petitioner who is a resident of Ayyampuzha Grama Panchayat has filed this writ petition complaining about the building being constructed by the second respondent. It is alleged that the building being put up by the second respondent does not have the necessary set back from the boundary separating the petitioner's lands and the lands belonging to the second respondent. 2. The second respondent has filed a counter affidavit. In paragraphs 7 and 9, it is stated that though the minimum set back required to be maintained under Rule 75 of the Kerala Municipality Building Rules, 1999 is only 60 Cms., a set back of 1.5 meters was provided as agreed to by and between the parties and that the western wall was demolished and reconstructed afresh keeping a set back of 1.5 meters from the boundary separating the petitioner's land. The learned counsel appearing for the second respondent submitted that as at present the building being put up by the second respondent is perfectly in accordance with the approved plan and the provisions of the Kerala Municipality Building Rules, 1999. In such circumstances, I find no reason to grant the reliefs prayed for in this writ petition. The writ petition is accordingly dismissed. P.N. RAVINDRAN, JUDGE. nj.