IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WA.No. 1486 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.13475/2011 Dated 27/05/2011 .................... APPELLANT: PETITIONER ------------------------ PONNAMMA JOHN, W/O.JOHN MATHAI, AGED 59, JOHN VILLA, PUTHOOR P.O., KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: RESPONDENTS -------------------------- 1. KULAKADA GRRMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KULAKADA GRAMA PANCHAYATH, MAVADI P.O., KOLLAM, PIN-691 507. 2. SECRETARY, KULAKADA GRAMA PANCHAYATH, MAVADI P.O., KOLLAM, PIN-691 507. 3. MATHAIKUTTY, TONY BHAVAN, PUTHOOR P.O., KOTTARAKKARA, KOLLAM DISTRICT. 4. THMAS.M., DO....DO....DO... THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR Ag. C.J.& P.S. GOPINATHAN, J. = = = = = = = = = = = = = = = = = = W.A. NO. 1486 OF 2011 = = = = = = = = = = = = = = = = = = DATED THIS, THE 12TH DAY OF OCTOBER, 2011. J U D G M E N T C.N. Ramachandran Nair, Ag. C.J. Appellant’s grievance is that in spite of the complaint filed by him before the second respondent against the construction by respondents 3 and 4, in violation of the building rules, the Panchayat has not looked into the grievance. Learned Single Judge noticed that the complaint is vague and so much so, no relief is granted. A neighbouring owner is always entitled to contend that building rules are violated in the construction of building near to his property. The convenience and protection of neighbouring property owners is one of the essence of the building rules. If appellant has filed a complaint before the second respondent, then it is for him to consider whether there is any substance in it and if so, to make correction after issuing notice to the parties involved. We allow the writ appeal reversing the judgment of the learned Single Judge and dispose of the writ petition with a direction to the Secretary to look into the complaint filed by the petitioner by conducting an enquiry and if any violation of the building W.A. 1486/2011 2 rules is found, to take appropriate action. However, no adverse action should be taken against respondents 3 or 4 or against any other party except after issuing notice and after giving opportunity of hearing to the persons to be proceeded against. Appellant will produce copy of this judgment and also can furnish details of alleged violations before the Secretary who will conduct enquiry and take action immediately after filing the same. C.N. RAMACHANDRAN NAIR, (Ag. CHIEF JUSTICE) P.S. GOPINATHAN, (JUDGE) KNC/-