High Court Kerala High Court

Nabeeza Beegum vs The State Of Kerala on 2 March, 2009

Kerala High Court
Nabeeza Beegum vs The State Of Kerala on 2 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36204 of 2005(I)


1. NABEEZA BEEGUM,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE THIRUVANANTHAPURAM CORPORATION,

3. NABEESA BEEVI,

4. OMAR SHERIF,

5. MAHARUDEEN,

                For Petitioner  :SMT.K.V.RESHMI

                For Respondent  :SRI.PIRAPPANCODE V.S.SUDHIR

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :02/03/2009

 O R D E R
              HARUN-UL-RASHID,J.
         ---------------------------
          W.P.(C)/C.R.P.NO. OF 2005
        ----------------------------
        DATED THIS THE DAY OF MARCH, 2009

              JUDGMENT/O R D E R




                                   HARUN-UL-RASHID,
                                        Judge.
kcv.

                         HARUN-UL-RASHID,J.
                   ---------------------------
                     W.P.(C).NO.36204 OF 2005
                   ----------------------------
               DATED THIS THE 2ND DAY OF MARCH, 2009

                                JUDGMENT

This writ petition is filed seeking to quash Ext.P3 order

passed by the Tribunal for Self Local Self Government Institutions,

Thiruvananthapuram, to direct the 2nd respondent to demolish the

three storied building constructed by respondents 3 to 5 in their

property and to demolish the bunk unlawfully constructed by

respondents 3 to 5 in the petitioner’s property.

2. Petitioner and respondents 3 to 5 are neighbours.

Petitioner is the owner, who is in possession of 4.5 cents of

property. The eastern property belongs respondents 3 to 5. There

is a building constructed in the property owned by respondents 3 to

5. It is the case of the petitioner that respondents 3 to 5 trespassed

into a portion of the property belonging to her on 6/4/2003

midnight and placed a bunk abutting to the National Highway.

-2-

W.P.(C).No.36204/2005

Petitioner lodged a complaint before the 2nd respondent for removal

of the said bunk. It is the further case of the petitioner that

respondents 3 to 5 are law-abiding citizens and they had put up a

three storied building without permission and plan from the

Corporation. It is submitted by the petitioner that the construction

of the building is in violation

HARUN-UL-RASHID,
Judge.

kcv.