IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 36204 of 2005(I) -------------------------- PETITIONER(S): --------------- NABEEZA BEEGUM, D/O.AMINA UMMAL, AGED 46 YEARS, TAJ MANZIL, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SMT.K.V.RESHMI RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, LOCAL SELF GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. THE THIRUVANANTHAPURAM CORPORATION, REP. BY ITS SECRETARY, CORPORATION BUILDING, THIRUVANANTHAPURAM. 3. NABEESA BEEVI, W/O.MALIQ MOHAMMED, OSAK BUILDING, KARAMANA, THIRUVANANTHAPURAM. 4. OMAR SHERIF, S/O.MALIQ MOHAMMED, OSAK BUILDING, KARAMANA, THIRUVANANTHAPURAM. 5. MAHARUDEEN, S/O.MALIQ MOHAMMED, OSAK BUILDING, KARAMANA, THIRUVANANTHAPURAM. ADV. SRI.PIRAPPANCODE V.S.SUDHIR FOR R3-5 R1 BY GOVT.PLEADER SRI VIPINDAS T.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.36204/2005 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER DTD. 24/8/04 IN W.P.(C).NO.25359/04. EXT.P2 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DTD. 15/1/05. EXT.P3 TRUE COPY OF THE ORDER DTD. 18/4/05 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM IN APPEAL NO.41/2005. EXT.P4 TRUE COPY OF THE JUDGMENT IN O.S.NO317/2005 PASSED BY THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM DTD. 20/10/2008. RESPONDENTS' EXTS: EXT.R5A TRUE COPY OF THE NOTICE NO.TP 5/35168/00 DTD. 7/5/2008 ISSUED BY THE 2ND RESPONDENT. EXT.R5B TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDNT. EXT.R5C TRUE COPY OF THE NOTICE NO.TK/35168/00 DTD. 19/7/2008 OF THE 2ND RESPONDENT. EXT.R5D TRUE COPY OF THE JUDGMENT DTD. 24/1/2003 OF THE IST ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM IN O.S.NO.1454/2000. EXT.R5E TRUE COPY OF THE JUDGMENT DTD. 20/10/2008 IN O.S.NO.317/2005 OF THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.R5F TRUE COPY OF THE MEMORANDUM OF APPEAL IN A.S.NO.131/2008 FILED BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM BY THE PETITIONER. HARUN-UL-RASHID,J. --------------------------- W.P.(C)/C.R.P.NO. OF 2005 ---------------------------- DATED THIS THE DAY OF MARCH, 2009 JUDGMENT/O R D E R HARUN-UL-RASHID, Judge. kcv. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.36204 OF 2005 ---------------------------- DATED THIS THE 2ND DAY OF MARCH, 2009 JUDGMENT This writ petition is filed seeking to quash Ext.P3 order passed by the Tribunal for Self Local Self Government Institutions, Thiruvananthapuram, to direct the 2nd respondent to demolish the three storied building constructed by respondents 3 to 5 in their property and to demolish the bunk unlawfully constructed by respondents 3 to 5 in the petitioner's property. 2. Petitioner and respondents 3 to 5 are neighbours. Petitioner is the owner, who is in possession of 4.5 cents of property. The eastern property belongs respondents 3 to 5. There is a building constructed in the property owned by respondents 3 to 5. It is the case of the petitioner that respondents 3 to 5 trespassed into a portion of the property belonging to her on 6/4/2003 midnight and placed a bunk abutting to the National Highway. -2- W.P.(C).No.36204/2005 Petitioner lodged a complaint before the 2nd respondent for removal of the said bunk. It is the further case of the petitioner that respondents 3 to 5 are law-abiding citizens and they had put up a three storied building without permission and plan from the Corporation. It is submitted by the petitioner that the construction of the building is in violation HARUN-UL-RASHID, Judge. kcv.