IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 21130 of 2009(I) -------------------------------------- PETITIONER(S): ----------------------- K.M. PARVATHY VARASYAR, AGED 68 YEARS, W/O.LATE GOPINATHA VARIYAR, KAUSTHUBHAM, KIDANGOOR VARYAM, KIDANGOOR, ERNAKULAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): -------------------------- 1. THURAVOOR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, THURAVOOR, ERNAKULAM DISTRICT, (VIA ANGAMALY). 2. KIDANGOOR MAHAVISHNU KSHETHRA BHARANA SAMITHY, REP. BY ITS SECRETARY, KIDANGOOR, NEAR ANGAMALY, ERNAKULAM DISTRICT. R1 BY ADV. SRI.C.A.CHACKO. R2 BY ADV. SRI.K.V.SOHAN, SRI.PAULSON. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 21130 OF 2009 -------------------------- Dated this the 16th day of November, 2010 J U D G M E N T The petitioner is the owner of a parcel of land approximately 16 cents in extent lying on the eastern side of Kidangoor Mahavishnu Kshethram. Way back in the year 2008, when the persons in management of the said temple attempted to put up a building close to the western compound wall of the petitioner's property, she submitted Ext.R1(a) complaint before the Secretary of Thuravoor Grama Panchayat requesting him to interfere in the matter. Ext.R1(a) was received by the Secretary on 22.7.2008. On receipt of that complaint, the Secretary directed the Lower Division Clerk to enquire into the matter and to submit a report. The Lower Division Clerk inspected the site and submitted Ext.R1(b) report to the effect that close to the compound wall of the petitioner's property a basement has been put up without the permission of the authority and that the distance between the basement and the compound wall is only 70 cms. Thereupon, the Secretary of the Panchayat issued Ext.R1(c) notice dated 28.7.2008 informing the second respondent that no construction shall be made WPC No.21130/09 2 except after obtaining the permission of the Panchayat and except in accordance with the provisions contained in the Kerala Municipality Building Rules. The s4econd respondent was informed that the basement put up by them is within the prohibited distance from the compound wall. The second respondent was also informed that the Kerala Municipality Building Rules have been made applicable to the Panchayat. The petitioner was also informed by Ext.P1 notice dated 28.7.2008 that the second respondent has been informed that buildings can be put up only in accordance with the provisions contained in the Kerala Municipality Building Rules. The grievance voiced by the petitioner is that thereafter, on the said basement, a toilet was put up and that the waste water from the toilet flows into her lands. In this writ petition the petitioner seeks a direction to the first respondent to take immediate action to demolish the building mentioned in Ext.P1. 2. The first respondent has filed a counter affidavit wherein, after referring to the above facts, it is stated that the basement of the building was put up prior to 6.6.2007, the date on which the Kerala Municipality Building Rules were made applicable to the Panchayat. It is further submitted that Panchayat has not so far received the WPC No.21130/09 3 original of Ext.P2 representation produced along with the writ petition. Though the second respondent has been served, they have not chosen to enter appearance. 3. Ext.R1(b) report submitted to the Secretary of Thuravoor Grama Panchayat discloses that as on 28.7.2008 that a building had not put up though the basement was in existence. The Lower Division Clerk has in Ext.R1(b) report stated that the basement was put up without the permission of the Panchayat meaning thereby that the basement was put up after 6.6.2007. In such circumstances it has to be held that the disputed structure was put up only long after 6.6.2007. Though the basement was put up in the year 2008, it is not in dispute that a toilet was put up on the basement referred to in Ext.R1(b) report only thereafter meaning thereby that the disputed structure was put up only after 6.6.2007. The local authority has in the counter affidavit categorically stated that the toilet was put up by the second respondent without obtaining necessary permission from the local authority. It is also evident from the pleadings that the said building does not have necessary set back from the western boundary of the petitioner's land. It has therefore to be held that the toilet building put up by the second respondent which is in close WPC No.21130/09 4 proximity to the western boundary of the petitioner's land is an illegal construction. The first respondent is therefore bound to take appropriate action against the second respondent for demolishing the unauthorised construction. I accordingly dispose of this writ petition with a direction to the first respondent to initiate action against the second respondent for demolition of the toilet building put on the basement referred to in Exts.R1(b) and R1(c). Necessary steps in that regard shall be taken and completed within one month from the date on which the petitioner produces a certified copy of this judgment before the Secretary of Thuravoor Grama Panchayat. P.N.RAVINDRAN, (JUDGE) vps WPC No.21130/09 5 WPC No.21130/09 6