IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 10559 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------ ADV. K.C.SANTHOSH, S/O. CHANDRASEKHARA MENON,. C.GARDENS, PARUR JUNCTION N.H.ROAD, THOTTAKKATTUKARA.P.O. ALUVA-683108. BY ADV. SRI.SABU THOZHUPPADAN.K RESPONDENT(S): --------------------------- 1. ALUVA MUNICIPALITY, ALUVA-683 108. REPRESENTED BY ITS SECRETARY, ALUVA. 2. V.L. PHILIP, VALIYARA HOUSE, FRIENDS LANE, THOTTAKKATTUKARA, ALUVA-683108. 3. KUNJUMOL PHILIP, W/O. V.L.PHILIP, VALIYARA HOUSE, FRIENDS LANE, THOTTAKKATTUKARA, ALUVA-683108. R1 BY ADV. SRI.V.M.KURIAN, SC FOR ALUVA MUNICIPALITY SRI.MATHEW B. KURIAN SRI.K.T.THOMAS R2 & R3 BY ADV. SRI.RAJESH VIJAYENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.10559/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SETTLEMENT DEED NO.608/2009 OF ALUVA SUB REGISTRY. P2 COPY OF THE BUILDING PERMIT NO.15/09-10 DATED 3/7/2009 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. P3 COPY OF THE BUILDING PERMIT NO.13/09-10 DATED 3/7/2009 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. P4 COPY OF THE FRONT ELEVATION AND GROUND FLOOR PLAN OF THE PROPOSED BUILDING ARE SHOWN IN THE APPROVED PLAN AS PER EXHIBIT-P2. P5 COPY OF THE FRONT ELEVATION AND GROUND FLOOR PLAN OF THE PROPOSED BUILDING ARE SHOWN IN THE APPROVED PLAN AS PER EXHIBIT-P3. P6 COPY OF THE APPLICATION DATED 13/01/2011 SUBMITTED BY THE PETITIONER TO THE PUBLIC INFORMATION OFFICER, ALUVA MUNICIPALITY. P7 COPY OF THE LETTER NO-G-8577/2005 DATED 19/01/2011 OF PUBLIC INFORMATION OFFICER, ALUVA MUNICIPALITY. P8 COPY OF THE PETITION DATED 31/1/2011 OF THE PETITIONER SUBMITTED TO 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.10559 OF 2011 -------------------------------------------- Dated this the 22nd day of June, 2011 JUDGMENT This Writ Petition has been filed mainly with the prayer to cancel Exts.P2 and P3 building permits. The further prayer is for issuance of a writ of mandamus commanding the first respondent to initiate appropriate proceedings based on Ext.P8. A scanning of the contentions raised in this Writ Petition would reveal that essentially, the grievance of the petitioner is that respondents 2 and 3 are effecting unauthorised construction in total disregard to the provisions under the Kerala Municipality Building Rules (for short 'the Rules'). It is the contention of the petitioner that despite the receipt of Ext.P8 representation from him raising such allegations, the first respondent is not taking appropriate action thereon. 2. A counter affidavit has been filed jointly by respondents 2 and 3 in this Writ Petition. In the said counter affidavit, they have refuted the contentions regarding construction in violation of the provisions under the Rules. I do not propose to make any observation as to the merits of the rival contentions at this stage. As already noticed hereinbefore, raising all W.P.(C) NO.10559/2011 2 his grievances, the petitioner has already preferred Ext.P8 representation before the first respondent and the first respondent has not so far passed any orders thereon. True that it carries allegations regarding the violation of the provisions under the Rules. In the said circumstances, this Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P8 expeditiously, at any rate, within a period of three weeks with notice to the petitioner and also respondents 2 and 3. It is made clear that respondents 2 and 3 shall not effect any further construction till orders are passed on Ext.P8 and it will be open to them to continue with the construction subject to the orders on Ext.P8 representation. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.10559/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.10559/2011 4