IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34146 of 2008(M) -------------------------- PETITIONER(S): --------------- BINDU SURESH, W/O.K.V.SURESH, 31 YEARS APARTMENT NO.E1, 1ST FLOOR, WEST BROOK APARTMENTS, VELOOR KARA KOTTAYAM VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.PHILIP T.VARGHESE SMT.A.SREEKALA RESPONDENT(S): --------------- 1. KOTTAYAM MUNICIPALITY REP. BY ITS SECRETARY KOTTAYAM. 2. SECRETARY, KOTTAYAM MUNICIPALITY 3. ABRAHAM ZACHARIA, S/O.LATE ABRAHAM ZACHARIA, CHIRAKADAVIL HOUSE, PUTHENANGADY VELOOR KARA, KOTTAYAM VILLAGE, KOTTAYAM TALUK. 4. C.LUKE, S/O.LATE ABRAHAM ZACHARIA CHIRAKADAVIL HOUSE PUTHENANGADY, VELOOR KARA KOTTAYAM VILLAGE, KOTTAYAM TALUK. 5. NEEMA LUKE, W/O.C.LUKE, CHIRAKADAVIL HOUSE, PUTHENANGADY, VELOOR KARA, KOTTAYAM VILLAGE, KOTTAYAM TALUK. 6. K.C.MANI, S/O.K.I. CHERIAN, KOLLAMPARAMBIL HOUSE, VELOOR VILLAGE KOTTAYAM TALUK. 7. WEXCO HOMES PVT.LTD. HAVING OFFICE AT PARAYIL HOUSE, THELLAKOM PO., KOTTAYAM. ADV. SRI.SIBY MATHEW FOR R1 & 2 SRI.PHILIP J.VETTICKATTU FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.34146 OF 2008 ---------------------------------------- Dated this the 19th day of November, 2008 JUDGMENT The petitioner is aggrieved by the action of respondents 3 to 7, who are making some constructions in the property adjacent to the property where the petitioner has got an apartment in a multi storied building, encroaching into the property where the petitioner's apartment complex is situated. Detailing this grievance, the petitioner has submitted Ext.P5 representation before the 2nd respondent. The petitioner seeks a direction to the 2nd respondent to consider Ext.P5 and pass appropriate orders thereon. 2. I have heard the learned Standing Counsel appearing for respondents 1 and 2 also. In the nature of the order I propose to pass I do not think it necessary to issue notice to respondents 3 to 7 at this point of time. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider W.P.(c)No.34146/2008 2 and pass orders on Ext.P5 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the respondents 3 to 7. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 2nd respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.34146/2008 3