IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21130 of 2009(I)
1. K.M.PARVATHY VARASYAR,
... Petitioner
Vs
1. THURAVOOR GRAMA PANCHAYATH,
... Respondent
2. KIDANGOOR MAHAVISHNU KSHETHRA BHARANA
For Petitioner :SRI.GEORGE SEBASTIAN
For Respondent :SRI.C.A.CHACKO
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :16/11/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 21130 OF 2009
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Dated this the 16th day of November, 2010
J U D G M E N T
The petitioner is the owner of a parcel of land
approximately 16 cents in extent lying on the eastern side of
Kidangoor Mahavishnu Kshethram. Way back in the year 2008,
when the persons in management of the said temple attempted to
put up a building close to the western compound wall of the
petitioner’s property, she submitted Ext.R1(a) complaint before the
Secretary of Thuravoor Grama Panchayat requesting him to
interfere in the matter. Ext.R1(a) was received by the Secretary on
22.7.2008. On receipt of that complaint, the Secretary directed the
Lower Division Clerk to enquire into the matter and to submit a
report. The Lower Division Clerk inspected the site and submitted
Ext.R1(b) report to the effect that close to the compound wall of the
petitioner’s property a basement has been put up without the
permission of the authority and that the distance between the
basement and the compound wall is only 70 cms. Thereupon, the
Secretary of the Panchayat issued Ext.R1(c) notice dated 28.7.2008
informing the second respondent that no construction shall be made
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except after obtaining the permission of the Panchayat and except in
accordance with the provisions contained in the Kerala Municipality
Building Rules. The s4econd respondent was informed that the
basement put up by them is within the prohibited distance from the
compound wall. The second respondent was also informed that the
Kerala Municipality Building Rules have been made applicable to the
Panchayat. The petitioner was also informed by Ext.P1 notice dated
28.7.2008 that the second respondent has been informed that
buildings can be put up only in accordance with the provisions
contained in the Kerala Municipality Building Rules. The grievance
voiced by the petitioner is that thereafter, on the said basement, a
toilet was put up and that the waste water from the toilet flows into
her lands. In this writ petition the petitioner seeks a direction to the
first respondent to take immediate action to demolish the building
mentioned in Ext.P1.
2. The first respondent has filed a counter affidavit wherein,
after referring to the above facts, it is stated that the basement of the
building was put up prior to 6.6.2007, the date on which the Kerala
Municipality Building Rules were made applicable to the Panchayat.
It is further submitted that Panchayat has not so far received the
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original of Ext.P2 representation produced along with the writ
petition. Though the second respondent has been served, they
have not chosen to enter appearance.
3. Ext.R1(b) report submitted to the Secretary of Thuravoor
Grama Panchayat discloses that as on 28.7.2008 that a building had
not put up though the basement was in existence. The Lower
Division Clerk has in Ext.R1(b) report stated that the basement was
put up without the permission of the Panchayat meaning thereby that
the basement was put up after 6.6.2007. In such circumstances it
has to be held that the disputed structure was put up only long after
6.6.2007. Though the basement was put up in the year 2008, it is
not in dispute that a toilet was put up on the basement referred to in
Ext.R1(b) report only thereafter meaning thereby that the disputed
structure was put up only after 6.6.2007. The local authority has in
the counter affidavit categorically stated that the toilet was put up by
the second respondent without obtaining necessary permission from
the local authority. It is also evident from the pleadings that the said
building does not have necessary set back from the western
boundary of the petitioner’s land. It has therefore to be held that the
toilet building put up by the second respondent which is in close
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proximity to the western boundary of the petitioner’s land is an illegal
construction. The first respondent is therefore bound to take
appropriate action against the second respondent for demolishing
the unauthorised construction.
I accordingly dispose of this writ petition with a direction to
the first respondent to initiate action against the second respondent
for demolition of the toilet building put on the basement referred to in
Exts.R1(b) and R1(c). Necessary steps in that regard shall be taken
and completed within one month from the date on which the
petitioner produces a certified copy of this judgment before the
Secretary of Thuravoor Grama Panchayat.
P.N.RAVINDRAN,
(JUDGE)
vps
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