IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5785 of 2009(P)
1. BABU ISSAC, AGED 50 YEARS,
... Petitioner
Vs
1. THE THIRUVALLA MUNICIPALITY REPRESENTED
... Respondent
2. THE SECRETARY, THIRUVALLA MUNICIPALITY,
3. MATHEWS VARGHESE, BIBLE TOWER NEAR
For Petitioner :SRI.R.SANTHOSH BABU
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :24/02/2009
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.5785 OF 2009
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Dated this the 24th day of February, 2009
JUDGMENT
The petitioner is a resident of the 1st respondent
Municipality. The 3rd respondent is constructing a three storied
building adjacent to the petitioner’s property, which according to
the petitioner would effectively block the free flow of light and air
to the petitioner’s house. The petitioner, therefore, seeks
appropriate direction to the 1st respondent Municipality to take
action in that regard. The petitioner has filed Ext.P2
representation before the 2nd respondent for appropriate action.
The petitioner seeks a direction to the 2nd respondent to consider
and pass orders on Ext.P2 expeditiously.
2. I have heard the learned standing counsel for
respondents 1 and 2. In the nature of the order I propose to
pass I do not find it necessary to issue notice to the 3rd
respondent at this juncture.
After having heard the learned counsel for the petitioner as
well as the learned counsel for the Municipality, I dispose of this
W.P.(c)No.5785/09 2
writ petition with a direction to the 2nd respondent to consider
and pass orders on Ext.P2 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 3rd respondent. 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.5785/09 3