IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 14290 of 2006(A) ---------------------------------------- PETITIONER(S): ------------------------- 1. M.GOPALAKRISHNA PANICKER, SADANSARA, K.C.XLVII/1675, M.C.NO.XXXI/481, THANKASSERY DIVISION, ANJUKALLUMMOODU, KOLLAM. 2. N.THANKAMANI, SADANSARA, K.C.XLVII/1675, M.C.NO.XXXI/481, THANKASSERY DIVISION, ANJUKALLUMMOODU, KOLLAM. BY ADVS. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SMT.C.V.RAJALAKSHMI, SRI.M.R.JAYAPRASA, SRI.K.K.RAJEEV. RESPONDENT(S): ---------------------------- 1. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KOLLAM CORPORATION,KOLLAM. 3. WILLIAM, AGHIL DALE, THANKASSERY DIVISION,KOLLAM. 4. HELEN MARY, AGHIL DALE, THANKASSERY DIVISION, KOLLAM. R1 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA R2 BY ADV. SRI. M.K.CHANDRAMOHAN DAS, SC, KOLLAM CORPN. R3 BY ADV. SRI.N.J.JOHNSON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14290/2006 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT AS O.P.NO.233/2005 DTD. 30/03/2005. P2: COPY OF THE ORDER DTD. 3/04/2006 IN O.P.NO.233/2005 OF THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.14290 Of 2006 ----------------------------------------------------- DATED THIS THE 28th DAY OF JANUARY, 2011 J U D G M E N T The Writ Petition is filed challenging the order passed by the learned Ombudsman for Local Self Government Institutions, produced as Exhibit P2. 2. The allegation in the complaint before the learned Ombudsman was that the 3rd respondent has constructed a house violating the Building Rules. The learned Ombudsman disposed of the matter after considering the measurement taken by the Executive Engineer that a set back of one meter from the compound wall is provided which is in consistence with the Building Rules. 3. In the statement filed on behalf of the 2nd respondent, it is averred that the Corporation granted permission as per order dated 22.4.2001 and the construction was completed and occupancy certificate was issued on 12.1.2004. It is further pointed out that the constructions were made strictly in accordance with the provisions contained in Rules 24(3), (4) and (5) of the Building Rules, 1999. The construction does not violate the space criteria of 1 Meter and 1.20 Meter. The W.P.(C)No.14290/06 -2- objected building situates at a distance of 1 Meter from the petitioner's boundary. As per Rule 24(5) of the Kerala Building Rules, 1999, 1 Meter is sufficient. The septic tank situates at a distance of 1.50 Meter from the petitioner's boundary. As per Rule 104(4) of the Rules, the minimum distance prescribed between the septic tank and well is 0.75 Meter. It is accordingly stated that there is no violation of the Building Rules. In that view of the matter, Exhibit P2 do not call for any interference. 4. If the petitioner has got any further complaint in the matter he can move the Corporation authorities for a re- inspection since it is alleged in the Writ Petition that the inspection was without notice to the petitioner. If such a request is made, the same will be entertained by the authorities of the Corporation and appropriate action will be taken in the matter within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is dismissed, subject to the above observation. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn