IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 20756 of 2010(T) -------------------------------------- PETITIONER: ------------------- FLORA CHRISTHUDAS, W/O. CHRISTHUDAS, AGED 79, JANATHA QUARTERS, SEA VIEW WARD, ALAPPUZHA-12. BY ADVS. SRI.S.SREEKUMAR, SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.S.VAIDYANATHAN. RESPONDENTS: ------------------------ 1. THE SECRETARY, ALAPPUZHA MUNICIPALITY ALAPPUZHA. 2. PATRIC D'COUTHO, JANATHA QUARTERS, SEA VIEW WARD, ALAPPUZHA-12, REPRESENTED BY POWER OF ATTORNEY ALPHONSA FIGOROUS, JANATHA QUARTERS, SEA VIEW WARD, ALAPPUZHA-12. 3. ALPHONSA FIGOROUS, PALIYATH HOUSE, PUNNAYAM.P.O. PERUMBAVOOR, ERNAKULAM DISTRICT. R1 BY ADV. SRI.M.K.CHANDRA MOHANDAS, R2 BY SRI.K.P.DANDAPANI, SENIOR ADVOCATE, ADVS. SRI.C.A.JOY, SRI.PRAVEEN K. JOY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20756/2010-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER IN I.A. NO. 4014/2009 IN O.S. NO. 541/09 DTD. 19/08/2009 PASSED BY MUNSIFF'S COURT, ALAPPUZHA. EXT.P.2: COPY OF THE COMMON ORDER IN I.A. NO. 4014/09 IN O.S. NO. 541/09 DTD. 04/01/2010. EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).NO.1517/1990 DTD. 01/03/2010 PASSED BY THIS HON'BLE COURT. EXT.P.4: COPY OF THE ORDER DTD. 26/03/2010 PASSED BY THE R.1. EXT.P.5: COPY OF THE ORDER IN APPEAL NO. 445/2010 DTD. 14/06/2010 PASSED BY THE LOCAL SELF GOVERNMENT INSTITUTIONS. EXT.P.6: COPY OF THE REPRESENTATION DTD. 29/06/2010 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.7.SERIES: COPIES OF PHOTOGRAPHS. EXT.P.8.SERIS: PHOTOGRAPHS SHOWING THE CONSTRUCTION WORK CARRIED OUT BY THE RESPONDENTS 2 AND 3 ON 13/07/2007 AND 14/07/2010. EXT.P.9: COPY OF THE LETTER DTD 14/07/2010 OF THE R.D.O. ALAPPUZHA. RESPONDENTS' EXHIBITS & ANNEXURE: EXT.R3.A: COPY OF THE JUDGMENT DTD. 10/06/2010 IN W.P.(C). NO.13217/2010 OF THE HON'BLE HIGH COURT OF KERALA. EXT.R3.B: COPY OF THE NOTICE DTD. 18/03/2010 OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT, TRIVANDRUM. EXT.R3.C: COPY OF THE BUILDING PERMIT ORDER DT. 29/07/2008 OF THE R.1. EXT.R3.D: COPY OF THE JUDGMENT DTD. 27/01/2010 IN W.P.(C).2595/2010 OF THIS HON'BLE COURT. ANNEXURE R1.A: COPY OF THE ORDER NO. E5-17619/09 DTD. 26/03/2010. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20756 of 2010-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2010. JUDGMENT The grievance raised in this writ petition relates to the alleged delay occurred on the part of the Secretary of the Municipality to comply with the directions issued in Ext.P5 order rendered by the Tribunal for Local Self Government Institutions. 2. Heard learned counsel for the petitioner, learned Standing Counsel for the Municipality and learned counsel appearing for respondents 2 and 3. 3. The only dispute is with regard to the construction of a building by the second respondent herein. After hearing parties, the Tribunal issued the following directions: “In the result, the Appeal is allowed. The impugned order bearing No.E5-17619/09 dated 26.3.2010 of the Secretary, Alappuzha Municipality is set aside. The Secretary is directed to conduct proper local inspection with reference to the permit and approved plans and other records relating to the buildings of Appellant and 2nd respondent and to verify whether the constructions or/and the permits violates any provisions of the Kerala Municipality Building Rules or the coastal zone regulations or other provisions of law and if so how there are such violations and to prepare wpc 20756/2010 2 detailed report and to initiate fresh proper proceedings as required by Rule 16 of the Kerala Municipality Building Rules or/and Section 406 of the Kerala Municipality Act, without any unnecessary delay if there are reasons for doing so.” 4. The allegation raised in the writ petition is that ignoring the directions issued by the Tribunal, constructions are going on, that too illegally. 5. The said allegations are strongly refuted by respondents 2 and 3. It is also submitted that it is too premature for the petitioner to approach this Court, since the order passed by the Tribunal is dated 14.6.2010 and the writ petition is filed on 2.7.2010. 6. The first respondent submitted a report after conducting an inspection as directed by this Court in the interim order dated 2.7.2010. It is mentioned that a local inspection was conducted on 6.7.2010 and various aspects with regard to the constructions, have been pointed in the report. Ext.R1(a) dated 26.3.2010 has also been produced along with the report, which according to the petitioner, has been set aside by the Tribunal in Ext.P5 order. 7. Going by the directions issued by the Tribunal, the Secretary will have to take follow up action and the learned Standing Counsel for the wpc 20756/2010 3 Municipality submitted that appropriate action will be finalised within a period of three weeks. 8. Therefore, appropriate action will be finalised by the first respondent within a period of three weeks from the date of receipt of a copy of this judgment and the communication with regard to the same will be issued to the petitioner as well as respondents 2 and 3. It is open to the first respondent to conduct fresh inspection also, if it is required and the parties will be heard also. The petitioner will communicate a copy of this judgment to the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/