IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 39761 of 2003(H) -------------------------- PETITIONER: --------------- V. RAJAGOPAL, B.J. PHARMA DOOR NO.20/1172, PAZHAVANGADY, ALAPPUZHA, RESIDING AT KARTHIKA, PAAZHAVEEDU, ALAPPUZHA. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT, TRIVANDRUM. 2. THE ALAPPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY. 3. MARYKUTTY @ KUNJAMMA, POTTIKKAL HOUSE, OPP.PAZHAVANGADY CHURCH, MULLACKAL, ALAPPUZHA. 4. P.A. PAUL @ KUTTAPPAN, DO. BY GOVT.PLEADER SHRI K.RAMESH FOR R1 ADV. SRI.M.K.CHANDRA MOHANDAS FOR R2 SRI.P.R.VENKATESH FOR R3&R4 GOVERNMENT PLEADER FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.39761 of 2003 --------------------------------- DATED THIS THE 20th DAY OF JULY, 2010 JUDGMENT This Writ Petition is filed complaining about the alleged illegal construction being made by respondents 3 and 4. The petitioner is running the business in English Medicines. The petitioner is conducting the business in the building owned by respondents 3 and 4. It is submitted that civil suit is pending between the parties as O.S.No.660/2002. 2. The allegation raised in the Writ Petition is that respondents 3 and 4 have erected a shade on the southern side of the petitioner's room blocking passage of free air and light to the room. It is in that context that the petitioner filed a complaint before the Municipality. 3. The Municipality has filed a statement in the matter, wherein it is stated that the Building Inspector after inspection submitted detailed report and it discloses unauthorised construction of four rooms as an addition to building No.XVIII/1940, by the 4th respondent. W.P.(C)No.39761/03 -2- 4. As the Municipality has already taken steps in the matter, no further orders are called for in the Writ Petition. It is upto the Municipality to proceed with the mater, if any violation is found out and action, if any, has not been finalised so far. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn