IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 35193 of 2008(M) -------------------------- PETITIONER(S): --------------- K.M.PATHUMMA, AGED 56 YEARS, W/O.ABDUL KAREEM, PANIKARPARAMBIL HOUSE, PALIPPRAM KARA, MARAMPALLI VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- 1. PERUMBAVOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, OFFICE OF THE PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR P.O., ERNAKULAM DISTRICT. 2. THE SECRETARY,M PERUMBAVOOR MUNICIPALITY, OFFICE OF THE PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR P.O., ERNAKULAM DISTRICT 3. MUNICIPAL ENGINEER, PERUMBAVOOR MUNICIPALITY, OFFICE OF THE PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR P.O., ERNAKULAM DISTRICT 4. SHRI.P.J.MATHEW, S/O.JOSEPH, PALAKKEEZHIL, MANJOORKARA, P.O.MANJOOR, VAIKKOM. 5. SINDHU, W/O.LATE SASI, PULIKKAKKUDY HOUSE, M.C.ROAD, PERUMBAVOOR. 6. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.V.M.KURIAN FOR R1-2 SRI.NIREESH MATHEW FOR R4-5 SRI. M.G. KARTHKEYAN GOVERNMENT PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35193 of 2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE TITLE DEEDS OF PROPERTY. EXT.P2: COPY OF THE LAND TAX RECEIPT. EXT.P3: COPY OF THE BUILDING TAX ASSESSMENT. EXT.P4: COPY OF THE SAID BUILDING PERMIT BEARING B.A.NO.322/07-08 DATED 18.1.2008. EXT.P5: COPY OF THE SHEET CONTAINING THE ELEVATION PLAN, SECTION AA PLAN AND SERVICE PLAN. EXT.P6: COPY OF THE SHEET CONTAINING THE PROPOSED PLAN FOR THREE STAR HOTEL. EXT.P7 SERIES: COPIES OF THE RECENT PHOTOGRAPH SHOWING THE PROPOSED ILLEGAL CONSTRUCTION. EXT.P8; COPY OF THE REPRESENTATION TO RESPONDENTS 1 AND 2. EXT.P8(a): COPY OF THE RECEIPT. EXT.P9: COPY OF THE PETITION DTD 9.10.2008. EXT.P10: COPY OF THE SAID COMMUNICATION DTD 14.8.2008. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.35193 OF 2008 ---------------------------------------- Dated this the 17th day of December, 2008 JUDGMENT The petitioner is aggrieved by construction of a three storied building carried out by respondents 4 and 5 allegedly in violation of the provisions of Kerala Building Rules, which is situated very close to the petitioner's shop building. According to the petitioner, Ext.P4 building permit has been issued by respondents 1 and 2 in collusion with respondents 4 and 5. The petitioner has filed Exts.P8 and P10 complaints in this regard to the Municipality. The petitioner now seeks a direction to the Municipality to consider and pass orders on Exts.P8 and P10 expeditiously. I have heard all parties. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Exts.P8 and P10 as expeditiously as possible, at any rate,within a period of three weeks from the date of receipt of a copy of this judgment. The W.P.(c)No.35193/08 2 petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 1st respondent for compliance. S. SIRI JAGAN, JUDGE Acd