IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 32902 of 2007(P) -------------------------- PETITIONER: ------------ SMT.MARIAMMA MATHEW @ BABYKUTTY, AGED 57, W/O.LATE V.J.MATHEW, VADAKKUMMURI HOUSE, THEVARA DESOM, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, KOCHI-13. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: ------------- 1. CORPORATION OF KOCHI, REPRESENTED BY SECRETARY, CORPORATION OFFICE, ERNAKULAM , KOCHI-11. 2. ANTONY, AGED ABOUT 82, S/O.VARUNNY, KUTTAMPARAMBIL HOUSE, THEVARA DESOM, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, KOCHI-13 3. SHEPHERD, S/O.ANTONY, KUTTAMPARAMBIL HOUSE, THEVARA DESOM, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, KOCHI-13 4. SAKARIA @ KARIACHEN, S/O.ANTONY, KUTTAMPARAMBIL HOUSE, THEVARA DESOM, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, KOCHI-13 5. JOY, S/O.ANTONY, KUTTAMPARAMBIL HOUSE, THEVARA DESOM, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, KOCHI-13 R2 TO R5 BY ADV. SRI.S.B.PREMACHANDRA PRABHU R1 BY ADV.MR.S.RAMESH BABU, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.32902 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th February, 2008 JUDGMENT The petitioner purchased property from the 2nd respondent under Ext.P1 document. Access to the property covered by Ext.P1 is provided through an 8 feet wide pathway whose width is shown as 2.4 metres in Ext.R4(a) sketch. The grievance is two fold. The first is that the constructions are being made on the pathway in such a manner as to obstruct the pathway and to block user of the pathway by the petitioner. The other grievance is that the Corporation has ignored the existence of the pathway while granting approval to the plan submitted by the 4th respondent for construction. 2. A counter affidavit has been submitted by the 4th respondent wherein it is stated that the allegation that the constructions are going to be made on the 8 feet wide pathway is incorrect and that no constructions will be made on the 8 feet wide pathway. It is also claimed that the constructions which have been taken up by the 4th respondent are strictly in terms of the permit which is granted under the Building Rules and the KMBR is not violated. 3. The Corporation has filed a statement which would show that the Corporation while granting approval to the plan submitted by the W.P.C.No.32902/07 - 2 - 4th respondent had not taken into account the existence of the 8 feet wide pathway. Of course, it is stated that upon inspection by the Corporation officials existence of 8 feet wide pathway was not actually noticed on the northern side of the petitioner's property. 4. It is the case of the petitioner that if the existence of the 8 feet wide pathway is also taken into account, the approval could not have been given by the Corporation to the plan submitted by the 4th respondent. I do not propose to decide the issue. The petitioner has submitted Ext.P3 complaint before the Corporation. The Corporation is directed to take up Ext.P3 immediately, hear the petitioner as well as respondents 3 and 4 and take a correct decision on Ext.P3. While taking decision on the issue as to whether the permit presently granted to the 4th respondent is in terms of the KMBR, the Corporation will have due regard to the actual existence of 8 feet wide pathway as permitted in Ext.P1 sale deed in favour of the predecessor of the petitioner. The Corporation will conduct hearing and pass orders as directed above at the earliest and at any rate within two months of receiving copy of this judgment. Considering the above directions, I reiterate my interim order dated 6.11.2007 and remind respondents 3 and 4 that the constructions which are being W.P.C.No.32902/07 - 3 - taken up by them will be at their risk and subject to the result of the decision to be taken by the Corporation. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE