IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 24221 of 2010 (C) -------------------------- PETITIONER: ------------------- VENUGOPALAN.P.R, S/O.PARUTHIPPARA RAJAN, 14/518 B, 15TH STREET, HARINAGAR, PUNKUNNAM.P.O, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENTS: ------------------------ 1. KOMALAVALLY, W/O.VELAYUDHAN @ MANI, NO/2/611, SMITHAM VEETTIL, 15TH STREET, HARINAGAR, PUNKUNNAM.P.O, THRISSUR-680 002. 2. VELAYUDHAN @ MANI, S/O.KRISHNAN NAIR, NO.2/611, SMITHAM VEETTIL, 15TH STREET, HARINAGAR, PUNKUNNAM.P.O,THRISSUR-680 002. 3. THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY THE SECRETARY, THRISSUR MUNICIPA OFFICE, THRISSUR-1. R1 & R2 BY ADV. SRI.K.G.BALASUBRAMANIAN R3 BY ADVS. SRI.K.B.MOHANDAS, SC,THRISSUR CORPORATIO SRI.LELLULAL T.G.THUNDATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24221 of 2010 © APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE PLAINT IN O.S. NO.2673/2009 IN THE COURT OF MUNSIFF, THRISSUR DATED 28.11.2009. EXT.P2. COPY OF THE ORDER DATED 11.3.2010 IN I.A. NO.10953/2009 AND I.A. NO.10951/2009 IN O.S. NO.2673/2009 OF THE MUNSIFF COURT, THRISSUR. EXT.P3. COPY OF THE REPRESENTATION DATED 15.03.2010 MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4. COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT UPON RECEIPT OF EXHIBIT P1. RESPONDENTS EXHIBITS. : NIL P.S. TO JUDGE / TRUE COPY / VK P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 24221 OF 2010 -------------------------- Dated this the 17thday of September, 2010 J U D G M E N T The petitioner and respondents 1 and 2 are neighbours. They are residing within the local limits of Thrissur Corporation, the third respondent herein. Respondents 1 and 2, who are husband and wife, have put up a residential building in the lands lying to the west of the petitioner's property. Alleging that respondents 1 and 2 have illegally put up a boundary wall and thereby interfered with his right of way, the petitioner has filed O.S. No.2673 of 2009 in the Court of the Munsiff, Thrissur. In that suit, the court below has passed Ext.P2 order restraining respondents 1 and 2 from making any construction over the boundary wall on the western side of the petitioner's lands or from increasing its height and from allowing the water to flow from the roof of their building to the petitioner's lands. The said suit is still pending. After the suit was instituted, the petitioner filed Ext.P3 representation before the Secretary of the Thrissur Corporation requesting the Secretary to take action to remove the alleged unauthorised construction (boundary wall) put up by respondents 1 and 2. In this writ petition, the petitioner seeks a direction to the Secretary of Thrissur Corporation to consider WPC No.24421/2010 2 Ext.P3 and take an appropriate decision thereon expeditiously. 2. When the writ petition came up for hearing today, Sri. Jijo Paul, learned counsel appearing for the petitioner submitted that the writ petition can be disposed of with a direction to the Secretary of Thrissur Corporation to consider Ext.P3 and take an appropriate decision thereon within a time limit to be fixed by this Court after affording the petitioner and respondents 1 and 2 a reasonable opportunity of being heard. Sri. K.G.Balasubramanian, learned counsel appearing for respondents 1 and 2 submitted that the respondents have applied for regularisation of the alleged unauthorised construction (boundary wall) separating the lands belonging to the petitioner and respondents 1 and 2 and the said respondents have no objection in the Secretary, Thrissur Corporation considering Ext.P3 representation filed by the petitioner along with their application for regularisation. Sri. K.B.Mohandas, learned standing counsel appearing for Thrissur Corporation submitted that the Secretary of Thrissur Corporation will take up Ext.P3 as well as the application for regularisation, if any, received from respondents 1 and 2 and take an appropriate decision thereon immediately after the ensuing elections to the local bodies are held. WPC No.24421/2010 3 In the light of the above submissions, I dispose of this writ petition with a direction to the Secretary of Thrissur Corporation to take up Ext.P3 for consideration along with the application for regularisation if any filed by respondents 1 and 2 and pass orders thereon as expeditiously as possible and at any rate, within one month from the date on which the newly elected Corporation Council assumes office. The Secretary shall before passing final orders in the matter, afford the petitioner and respondents 1 and 2 a reasonable opportunity of being heard. It will be open to both sides to submit written submissions in support of their rival contentions. The contention of both parties on the merits are kept open. The Secretary shall after orders are passed, communicate copies thereof to both parties simultaneously. P.N.RAVINDRAN, (JUDGE) vps WPC No.24421/2010 4