IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 18166 of 2010(U) -------------------------- PETITIONER(S): --------------- 1. P.LALITHAMMA, AGED 76 YEARS, W/O.LATE RAGHAVAN PILLAI, IB, CRYSTAL APARTMENTS `RAJASOOYAM', GOVINDAPURAM KARA, KOTTAYAM VILLAGE, KOTTAYAM TALUK. 2. L. SUSEELA, AGED 44 YEARS, D/O.P.LALITHAMMA, IB, CRYSTAL APARTMENTS `RAJASOOYAM', GOVINDAPURAM KARA, KOTTAYAM VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- 1. BINNY ITTY, MANAGING PARTNER M/S.CRYSTAL APARTMENTS C.S.I.COMMERCIAL COMPLEX, BAKER JUNCTION, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. KOTTAYAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KOTTAYAM. 4. SECRETARY, KOTTAYAM MUNICIPALITY MUNICIPAL OFFICE, KOTTAYAM. 5. TOWN PLANNING OFFICER, KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM. 6. CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, TRIVANDRUM. BY GOVT.PLEADER SMT.K.R.DEEPA FOR R2 ADV. SRI.SIBY MATHEW FOR R3,4 & 5 SRI.PHILIP J.VETTICKATTU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.18166 of 2010 --------------------------------- DATED THIS THE 16th DAY OF JUNE, 2010 JUDGMENT The petitioners herein seek for a direction to the respondents 2 to 6 to strictly implement Exhibit P12 order. They are also seeking for a declaration that the construction carried out by the first respondent in the property covered by Exhibit P8 building permit situated in the old survey No.107/10 of Kottayam Village is per se illegal and in violation of the Kerala Municipality Building Rules, 1999. 2. Exhibit P12 is a notice issued by the Secretary of the Municipality under Section 406(1) of the Kerala Municipalities Act. The same is dated 4.2.2010. Exhibit P12(2) shows that the certain violations have been noted therein. It is the complaint of the petitioners that the proceedings have not been finalised so far which has resulted in the first respondent continuing with the construction activities, which causes much prejudice to the petitioners also who are the original land owners. It is submitted that it is in their property that the flats are being constructed. W.P.(C)No.18166/10 -2- 3. Even though notice was taken out by special messenger, there is no appearance for the 1st respondent. 4. The learned Standing Counsel for the Municipality submitted that the hearing of Exhibit P12 is over and a final order will be passed within a period of one week. The same is recorded. After the order is passed, a copy of the same will be communicated to the petitioners also. The order if any passed under section 406(3) can be challenged by the aggrieved party in appropriate proceedings. Leaving open the said remedy, the Writ Petition is disposed of. T.R.RAMACHANDRAN NAIR, JUDGE. dsn