Kerala High Court
G. Bhagavat Singh vs Manoj Joseph S/O. Joseph on 3 February, 2020
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941
WP(C).No.10631 OF 2017(D)
PETITIONER:
G. BHAGAVAT SINGH,
"SAROJ GANGA", 46/1314-B, FIROZ GANDHI LANE,
JETTY ROAD, VADUTHALA P.O., KOCHI-682 023.
BY ADV. G.BHAGAVAT SINGH (PARTY-IN-PERSON)
RESPONDENTS:
1 MANOJ JOSEPH S/O. JOSEPH,
NADUVILA MULLOTH HOUSE, FIROZ GANDHI LANE,
JETTY ROAD, VADUTHALA P.O., KOCHI-682 023.
2 THE CORPORATION OF COCHIN,
REP. BY ITS SECRETARY, CORPORATION OFFICE, KOCHI-682 011.
3 THE SECRETARY,
CORPORATION OF COCHIN, CORPORATION OFFICE, KOCHI-682011.
4 THE EXECUTIVE ENGINEER,
CORPORATION OF COCHIN, CORPORATION OFFICE, KOCHI-682 011.
5 THE ASSISTANT EXECUTIVE ENGINEER,
CORPORATION OF COCHIN, CORPORATION OFFICE, KOCHI-682 011.
6 THE ASSISTANT ENGINEER,
CORPORATION OF COCHIN, CORPORATION OFFICE, KOCHI-682 011.
7 THE BUILDING INSPECTOR,
CORPORATION OF COCHIN, CORPORATION OFFICE, KOCHI-682 011.
8 THE VILLAGE OFFICER,
CHERANALLUR VILLAGE, VILLAGE OFFICE,
CHITTOOR, ERNAKULAM-682 027.
BY ADVS.
R1 SRI.SADCHITH KURUP
R2 TO R7 BY ADV. SRI.V.E.ABDUL GAFOOR,SC,COCHIN CORPORAT
R8 SRI. PAUL ABRAHAM VAKKANAL,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.02.2020,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.10631 OF 2017(D) 2
JUDGMENT
The grievance of the petitioner in the instant writ petition is that the corporation, despite finding on record that the party respondents, i.e., 1st respondent constructed the ramp in total violation of the building plan and also encroached the road of the Municipal Corporation, much less compound wall.
2. In this regard, reference has been made to various orders of the High Court as well as the Corporation. In response to the notice, a statement has been filed by the Standing Counsel for the Kochi Corporation - respondents 2 to 7, wherein in paragraph Nos.2 and 4 it has been stated that the ramp which was constructed by the 1st respondent was demolished on 08.04.2017 and as regards the construction of the road by blocking the drainage, the entire encroachment had been removed and road has been concreted with an average width of 2.8 meters.
3. With regard to the third prayer of the petitioner the statement reveals that he already sent request to the Tahsildar, Kanayannur Taluk to survey the property to ascertain the construction of the compound wall by the 1 st respondent within WP(C).No.10631 OF 2017(D) 3 the parameters of the sanctioned plan or with or without encroachment.
The main relief of the petitioner is already vindicated, I dispose of the writ petition with a liberty to the petitioner to approach the Tahsildar, Kanayannur Taluk to apply for survey of the property of the 1st respondent inorder to ascertain whether the nature of construction of the boundary wall is within the parameters of the existing building bye laws or whether there is an encroachment.
In case, on survey it is found so, necessary action shall be taken in this regard.
Writ petition is disposed of.
Sd/-
AMIT RAWAL, JUDGE Skk//06022020 WP(C).No.10631 OF 2017(D) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT ON 11-02-2013.
EXHIBIT P2 COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 20-3-2013 TO THE 1ST RESPONDENT.
EXHIBIT P3 COPY OF STOP MEMO DATED 6-04-2013 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 COPY OF REPRESENTATION DATED 08-04-2013 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.
EXHIBIT P5 COPY OF REQUEST ISSUED BY THE 5TH RESPONDENT TO THE SUB INSPECTOR OF POLICE TOWN NORTH POLICE STATION, ERNAKULAM DATED 9-04-2013.
EXHIBIT P6 COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P7 COPY OF THE PROCEEDINGS AND ORDER OF THE 6TH RESPONDENT.
EXHIBIT P8 COPY OF THE AUTHORIZATION DATED 10-05-2013 ISSUED BY THE 3RD RESPONDENT TO THE 7TH RESPONDENT.
EXHIBIT P9 COPY OF THE ORDER DATED 13-02-2015 OF THIS HON'BLE COURT IN RP NO.629 OF 2014 IN WPC NO 10880 OF 2013.
EXHIBIT P11 COPY OF THE COVERING LETTER SUBMITTED ALONG WITH EXHIBIT P-10 BEFORE THE 3RD RESPONDENT BY THE PETITIONER.
EXHIBIT P10 COPY OF JUDGMENT IN WA NO 2104 OF 2015 DATED 01- 12-2015.
EXHIBIT P12 COPY OF THE REGISTERED NOTICE DATED 09-03-2016 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P13 COPY OF THE COMPLAINT DATED 27-02-2017 ALONG WITH A SKETCH FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P14 COPY OF THE RELEVANT PAGES OF THE SALE DEED NO.
3193/2012 EXECUTED BY BABUKUTTY THOMAS IN FAVOUR OF THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS: NIL