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Kerala High Court

Samanyaya Residence Association vs Vaduvukodu-Puthencruz on 12 June, 2017

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                              PRESENT:

                  THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                THURSDAY, THE 8TH DAY OF MARCH 2018 / 17TH PHALGUNA, 1939

                                       WP(C).No. 7919 of 2018




PETITIONER(S)/PETITIONER:


     SAMANYAYA RESIDENCE ASSOCIATION,
     KARIMUGAL P.O, KARIMUGAL, VELOOR, REPRESENTED BY ITS
     PRESIDENT JAIMON JOSEPH, KOLLAMALA HOUSE, KARIMUGAL P.O.
     ERNAKULAM DISTRICT.


     BY ADVS.SRI.JACOB E SIMON
         SRI.N.R.RAJESH



RESPONDENT(S)/RESPONDENTS:

1.   VADUVUKODU-PUTHENCRUZ, GRAMA PANCHAYATH,
     PUTHENCRUZ, PUTHENKURISH KARIMUGHAL ROAD,
     PUTHENKURISH, KOCHI, KERALA PIN - 682 308.

2.   THE SECRETARY, VADUVUKODU PUTHENCRUZ,
     GRAMA PANCHAYATH, PUTHENCRUZ, PUTHENKURISH
     KARIMUGHAL ROAD, PUTHENKURISH, KOCHI, KERALA - 682 308.

3.   MAPLE TREE HABITATS LLP,
     REPRESENTED BY ITS MANAGING DIRECTOR, THOMAS JOSE VALY,
     VALIPLACKAL HOUSE, UDAYAMPEROOR P.O, ERNAKULAM
     DISTRICT, PIN 682 307.


  THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-03-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:




prp/
WP(C).No. 7919 of 2018 (L)



                                    APPENDIX



PETITIONER(S)' EXHIBITS:

EXHIBIT P1: A TRUE COPY OF THE COMPLAINT DATED 12/06/2017 SUBMITTED BEFORE
THE SECOND RESPONDENT.

EXHIBIT P2:   A TRUE COPY OF THE SAID COMPLAINT DATED 28/02/2018 SUBMITTED
BEFORE THE SECOND RESPONDENT.

EXHIBIT P3      A TRUE COPY OF THE BUILDING PERMIT DATED 22/12/2017 HAVING NO.
A3/465/17/16.

EXHIBIT P4   A TRUE COPY OF THE SITE PLAN PRODUCED BY THE THIRD RESPONDENT
ALONG WITH THE APPLICATION FOR BUILDING PERMIT NO. A3/465/17/16.



RESPONDENTS EXHIBITS:        NIL.




                                    //TRUE COPY//


                                    P.S. TO JUDGE




prp/

               A.K.JAYASANKARAN NAMBIAR, J.
                     -------------------------------
                  W.P.(C).NO.7919 OF 2018 (L)
                   -----------------------------------
              Dated this the 8th day of March, 2018

                           JUDGMENT

The petitioner, who is aggrieved by a construction put up by the 3 rd respondent, has preferred Exts.P1 and P2 complaints before the 2 nd respondent, and the limited prayer of the petitioner is for a direction to the 2nd respondent to consider and pass orders on Exts.P1 and P2 complaints, expeditiously, after hearing him.

2. I have heard the learned counsel for the petitioner. On a consideration of the facts and circumstances of the case, I dispose the writ petition with a direction to the 2 nd respondent to consider and pass orders on Exts.P1 and P2 complaints, preferred by the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner and the 3 rd respondent. The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the 2 nd respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE prp/8/3/18