IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 16969 of 2010(U) -------------------------------- PETITIONER: -------------- K.THOMAS CHERIYAN, AGED 51, S/O.K.C.CHERIYAN, VATTAKKUNNEL KIZHAKETHIL, COLLECTORATE P.O.,KOTTAYAM-686002. BY MR.LIJI.J.VADAKEDOM, ADVOCATE. RESPONDENTS: ------------------ 1. SECRETARY,KOTTAYAM MUNICIPALITY, OFFICE OF THE KOTTAYAM MUNICIPALITY, KOTTAYAM. 2. P.A.JIHAS, MANAGING DIRECTOR, JEWEL HOMES PRIVATE LTD., TRIO CHAMBERS, KANJIKUZHI P.O.,KANJIKUZHY, KOTTAYAM. BY MR.SIBY MATHEW, SC FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16969 OF 2010 --------------------------------------- Dated this the 2nd day of June, 2010. J U D G M E N T The petitioner herein is the owner and in possession of a property having an extent of 58 cents in Resurvey No.8/7 in Block No.22 of Muttambalam village of Kottayam Taluk. The petitioner has constructed a residential building there. 2. The 2nd respondent is the owner of house plot in Resurvey No.8/7-1, 8/7-2 of the very same village. The same is situated at the immediate western side of the property of the petitioner. Based on the permit issued by the Municipality, the 2nd respondent has constructed a residential flat having ten floors in the said property. Meanwhile, it is complained that in violation of the building permit thus granted, the 2nd respondent has constructed a ramp very close to the property of the petitioner. It is pointed out that the 2nd respondent has not left sufficient space between the compound wall of the petitioner and the ramp constructed. Seeking for appropriate decision in the matter, the W.P.(C) No.16969/2010 2 petitioner approached the Secretary of the Municipality by filing Exhibit P3, a statutory representation. Exhibits P4 and P5 acknowledgment cards show that the same has been received by the Municipality also. Heard the learned Standing Counsel for the Municipality. There will be a direction to the Secretary of the Municipality to take a decision on Exhibit P3, after hearing the petitioner and the 2nd respondent, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp