IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 13516 of 2008(H) ----------------------------------------- PETITIONERS: ---------------------- 1. JAIJY MATHEW, AGED 42 YEARS, S/O.LATE MATHEW, ERAMBADATHIL HOUSE, KOOTHATTUKULAM P.O., PIN-686 662.RESIDING AT:FLAT NO.802, BLUE LAGOON APARTMENTS, CHILAVANNOOR ROAD, ELAMKULAM, KOCHI-20. 2. DR.DEEPTHI, W/O.JAIJY MATHEW, -DO-. BY ADV. SRI.V.PHILIP MATHEWS RESPONDENTS: ------------------------- 1. KOOTHATTUKULAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KOOTHATTUKULAM P.O, ERNAKULAM DISTRICT. 2. SECRETARY (IN CHARGE), KOTHATTUKULAM GRAMA PANCHAYAT, KOOTHATTUKULAM P.O, ERNAKULAM DISTRICT. 3. BUILDING INSPECTOR, KOOTHATTUKULAM GRAMA PANCHAYAT,KOOTHATTUKULAM GRAMA PANCHAYAT, KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT. 4. ASSISTANT EXECUTIVE ENGINEER, K.S.E.B, KOOTHATTUKULAM P.O., NEAR RAMAPURAM JUNCTION, KOOTHATTUKULAM. 5. REGIMON.P.ALEX, S/O.P.M.CHANDY, PADAKKAPARAMBIL HOUSE, KOOTHATTUKULAM, (PADIKKAPARAMBIL MANOHARAVASTHRAM,KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT). 6. SHERLY REGIMON, W/O.REGIMON, ....DO- BY ADV. SRI.PEEYUS A.KOTTAM - R1,2 SRI.P.V.SANTHOSH, SC SRI.P.P.THAJUDEEN, SC, KSEB – R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13516/2008 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE (COUNTER) AFFIDAVIT DTD. 02/02/2007 FILED BY RESPONDENTS 5 AND 6 IN I.A.395/2007 IN O.S.50/2007 BEFORE MUNSIFF C OURT, MUVATTUPUZHA. EXT.P2; COPY OF THE REPRESENTATION DTD. 12/03/2008 FILED BY PETITIONERS BEFORE 2ND RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION DTD. 15/04/2008 FILED BY PETITIONERS BEFORE 2ND RESPONDENT. EXT.P4: COPY OF THE NOTICE DTD. 17/03/2008 ISSUED BY 2ND RESPONDENT TO THE 5TH RESPONDENT. EXT.P5: COPY OF THE PHOTOGRAPH SHOWING THE CONSTRUCTION IN BETWEEN THE TWO BUILDINGS. EXT.P6: COPY OF THE REVISED PLAN ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE RESPONDENTS 5 AND 6. EXT.P7: COPY OF SALE DEED DTD. 24/02/2006 EXECUTED BY VARGHESE MATHEW AND JOY TO RESPONDENTS 5 AND 6. EXT.P8: COPY OF THE SALE DEED NO.348/2006 OF KOOTHATTUKULAM SRO. EXT.P9: COPY OF LAND TAX RECEIPT DTD. 30/06/2008. RESPONDENT'S EXHIBITS: EXT.R5(A): COPY OF THE SUIT HELD BY THE PETITIONERS AS O.S.NO.50 OF 2007 BEFORE THE MUNSIFF COURT, MUVATTUPUZHA. EXT.R5(B): COPY OF THE NOTICE NO.PW.103/06 DTD. 25/10/2007 ISSUED BY THE 1ST RESPONDENT PANCHAYATH. EXT.R5(C): COPY OF THE REVISED PLAN APPROVED BY THE 1ST RESPONDENT PANCHAYATH ON 29/11/07. EXT.R5(D): COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS BEFORE THE MUNSIFF COURT, MUVATTUPUZHA IN O.S.NO.50 OF 2007. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 13516 OF 2008 H = = = = = = = = = = = = = = = = = Dated this the 8th July 2008 J U D G M E N T Petitioners submit that in a property belonging to them at Koothattukulam, facing the M.C. road, they had initially constructed the ground floor of a commercial building. That building was sold by them reserving their right to make further construction of the additional floors. Ultimately, respondents 5 and 6 have purchased the ground floor of the building thus sold by the petitioners from their assignee. Ext. P8 is the title deed of respondents 5 and 6. Petitioners submit that thereafter, they had constructed the upper floor also and that also was sold by them reserving their right to make further construction. 2. In this writ petition the grievance is that respondents 5 and 6 have acquired the property on the eastern side of the building and have constructed a commercial building there. It is stated that, the aforesaid respondents are attempting to join their new building with W.P.(C) No. 13516 OF 2008 -2- the existing structure purchased by them, as a result of which, the petitioners will be loosing several facilities which now they are enjoying. It is also stated that if the joining is permitted that will also defeat his right to make further construction on the existing structure. It is in this context the writ petition is filed. 3. Learned Senior Counsel appearing for respondents 5 and 6 submits that as at present new structure has not been joined with the existing structure purchased from the petitioners' assignee. It is also stated that they have already filed an application for permit in this behalf which is pending consideration of the 1st respondent Panchayat. It is undertaken that unless a permit enabling respondents 5 and 6 to join their new structure with the existing structure is obtained, the new structure will not be joined to the existing structure. 4. Thus on facts it is evident that an application building permit has been made by respondents 5 and 6 and the said application is pending consideration of the 1st respondent Panchayat. In view of this, it is essential for the 1st respondent to consider the matter as to whether or not permit should be granted W.P.(C) No. 13516 OF 2008 -3- enabling respondents 5 and 6 to join their new structure with the existing structure purchased by them from the assignee of the petitioners. Since it is the complaint of the petitioners that if the buildings are joined as above, that will result in defeating their valuable rights, it is directed that at the time when the application made by respondents 5 and 6, for building permit is considered by the 1st respondent Panchayat, notice shall be given to the petitioners also and they should also be given an opportunity to make their representations in the matter. 5. Petitioners have another complaint that in the construction that respondents 5 and 6 have already undertaken, they have committed violations of the Building Rules. If that is so, it is for the petitioners to pursue the matter before the appropriate authorities as is permissible in law. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-