IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 21009 of 2004(A) --------------------------------------- PETITIONER(S): ------------------------ T.K.HAMZA, SON OF KHADER, PANDARAVALAPPIL HOUSE, KODUVALLY, P.O.NETTUR, THALASSERY, DIST.KANNUR. BY ADV. SRI.E.V.NAYANAR SRI.C.P.KUNHIKANNAN RESPONDENT(S): --------------------------- THE SECRETARY, THALASSERY MUNICIPALITY THALASSERY. BY ADV. SRI.K.V.SOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.21009/2004 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMIT NO.E3-BA-13/02-03 DATED 26/4/2002 OF THE THALASSERY MUNICIPALITY. P2 COPY OF THE SPECIFICATION REPORT SUBMITTED BY THE PETITIONER FOR P1 PERMIT. P3 COPY OF THE BUILDING PLAN APPROVED BY THE THALASSERY MUNICIPALITY. P4 COPY OF THE SERVICE PLAN APPROVED BY THE THALASSERY MUNICIPALITY. P5 COPY OF THE SITE PLAN APPROVED BY THE THALASSERY MUNICIPALITY. P6 COPY OF THE NOTICE NO.E3-11437/04 DATED 9/6/04 ISSUED BY THE RESPONDENT. P7 COPY OF THE ORDER NO.E3-11437/04 DATED 9/6/04 OF THE RESPONDENT. P8 COPY OF THE ORDER NO.E3-11437/04 DATED 8/7/04 OF THE RESPONDENT. P9 COPY OF THE PETITION DATED 9/7/04 OF THE PETITIONER TO THE RESPONDENT. P10 COPY OF THE PETITION DATED 26/3/2005 OF THE PETITIONER. P11 COPY OF THE ACKNOWLEDGEMENT DATED 26/3/2005 OF P10. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.21009 of 2004 ---------------------------- Dated 10th January, 2011 JUDGMENT The petitioner and his brother Sri.T.K.Abdulla purchased 21 cents of land in Re-survey No.8/3 of Ward No.3 (New Ward No.1) of Thalassery Municipality. According to the petitioner, after purchasing the said property they have effected construction in the said property in terms of Ext.P1 permit. Later, Ext.P6 notice and Ext.P7 order were served on the petitioner alleging unauthorized construction and requiring him to remove the unauthorized construction. As per Ext.P8, the brother of the petitioner was required to remove the construction within three days. It was stated therein that in case of his failure to remove the said construction within the stipulated time it would be demolished by the respondent and the expenses thereof would be realised from him. It is challenging the said order that this writ petition has been filed. As noticed hereinbefore, the contention of the petitioner is that the petitioner and his brother have been effected construction strictly in terms of Ext.P1 building permit. 2. A counter affidavit has been filed in this writ petition wherein it is specifically stated that there is violation of Rule 20(5) of the Kerala Municipal Building Rules, 1999. Further, it is stated therein that WP(C).No.21009/2004 2 the petitioner and his brother had submitted that the plot in question is situated 400 metres away from the sea. However, it is also stated therein that the actual distance between the boundary of the plot and the sea shore is only 3 metres and therefore, there is clear violation of the Zonal Regulations. 3. When this matter came up for admission, this Court passed an interim order on 16.7.2004 staying Ext.P8 order. It was made clear that any construction in the property in question, if carried out, would be only at the risk of the petitioner. Subsequently, it was extended until further orders. 4. When this matter is taken up for consideration today, none appeared for the petitioner. Therefore, it is not known whether the petitioner had effected any further construction based on the interim order of this Court passed on 16.07.2004. As already noticed hereinbefore, the petitioner was permitted to carry out construction in the aforesaid property only at his risk. In view of the specific contentions of the respondent that the construction was effected violating the provisions under the Kerala Municipal Building Rules and also the zonal Regulations, it will be open to the respondent to take appropriate action in case any construction had been effected in the property in question WP(C).No.21009/2004 3 violating the provisions under the Kerala Municipal Building Rules and also the Zonal Regulations, in accordance with law. In other words, it will be open to the respondent to take appropriate action in accordance with law, in case any construction has been carried out in the 21 cents of property comprised in Re-survey No.8/3 of Ward No.3 (New Ward No.1) of Thalassery Municipality, with notice to the petitioner and his brother Sri.T.K.Abdulla who are the owners of the property in question. Subject to the above observation, this writ petition is closed. Sd/- C.T.RAVIKUMAR Judge TKS