IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 547 of 2011(P) ------------------------------- PETITIONER(S): ------------------- DR.EPHRAIM GEORGE MAMPILLY,AGED 45 YEARS S/O.LATE DR.GEORGE MAMPILLY,MAMPILLY BUILDINGS (SOUTH SIDE),BROADWAY,ERNAKULAM. BY ADVS. SRI.ABRAHAM P.GEORGE SMT.SOUMINI JAMES RESPONDENT(S): -------------------- 1. CORPORATION OF KOCHI,CORPORATION BUILDINGS,BOAT JETTY,ERNAKULAM REP.BY ITS SECRETARY,CORPORATION OF KOCHI,KOCHI-682011. 2. SECRETARY,CORPORATION OF KOCHI, CORPORATION BUILDINGS,BOAT JETTY,ERNAKULAM, KOCHI-682011. 3. SRI.NITHYANANDA BHATT,MANAGING PARTNER, M/S MANI AND COMPANY,BROADWAY,ERNAKULAM, KOCHI-682031. R1 & 2 BY ADV. SRI.C.M.SURESH BABU,SC,COCHIN CORPORATION R3 BY ADVS. SRI.DINESH R.SHENOY SRI.G.HARIKRISHNAN (TRIPUNITHURA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 547/2011 APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOGRAPHS SHOWING THE ILLEGAL CONSTRUCTION. P2: COPY OF THE COMPLAINT LODGED BY THE PETITIONER DATED 18/07/2009 BEFORE THE 2ND RESPONDENT WITH COPY TO T.P.O. P3: COPY OF THE ACKNOWLEDGMENT RECEIPTS ISSUED BY THE CORPORATION. P4: COPY OF THE LAWYER NOTICE DATED 20/11/2009 ISSUED TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: R3(a):COPY OF SALE DEED NO.2013/1971, ERNAKULAM S.R.O. R3(b):COPY OF THE LAND TAX RECEIPT ISSUED TO THE 3RD RESPONDENT DATED 22/02/1983. R3(c):COPY OF THE LAND TAX RECEIPT ISSUED TO THE 3RD RESPONDENT DATED 07/05/2011. R3(d):COPY OF THE PROPERTY TAX RECEIPT ISSUED TO THE 3RD RESPONDENT DATED 04/03/1977 IN RESPECT OF GODOWN BUILDING. R3(e):COPY OF THE PROPERTY TAX RECEIPT ISSUED TO THE 3RD RESPONDENT DATED 06/01/2011 IN RESPECT OF GODOWN BUILDING. /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.547 OF 2011 ------------------------------- DATED THIS THE 25TH DAY OF SEPTEMBER, 2011 JUDGMENT This writ petition is filed for a direction to respondents 1 and 2 to consider Exts.P2 and P4 in accordance with law and further to direct them to take adequate steps to remove the unauthorised construction made by the 3rd respondent and for other incidental reliefs. 2. Petitioner submits that the 3rd respondent is in occupation of a shed at the south-western end of the petitioner's property, that the 3rd respondent carried out uauthorised construction in the existing structure in violation of the Building Rules and that the construction is made in such a way that the roof of the shed goes over the charthwall of the petitioner is abutting into his property and the rain water is falling into his property. Ext.P2 is the complaint lodged by the petitioner before the lst respondent-Corporation. Petitioner submits that Exts.P2 -2- W.P.(C).No.547/2011 representation is pending consideration before respondents 1 and 2. In the circumstances, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Exts.P2, after affording an opportunity of being heard to the petitioner and the 3rd respondent, within a period of three months from the date of receipt of a copy of this judgment. Sd/- HARUN-UL-RASHID, Judge. kcv.