JIBI THOMAS Vs. ALUVA MUNICIPALITY

JUDGEMENT

(1.) The petitioner, who is owner of a commercial building in Aluva West Village, is before this Court seeking to quash Ext.P13.

(2.) The petitioner constructed a building in the property in his possession in Aluva West Village. The 1 st respondent- Municipality assigned Door No.XVII/506(4). The petitioner has been paying property tax in respect of the building. The petitioner is conducting a showroom for Honda Twowheelers in the building. With a view to protect the building from the vagaries of weather, the petitioner provided trusswork over the roof of the first floor. The petitioner intimated to the 2 nd respondent in advance about his intention to provide trusswork over the roof of the existing building. The petitioner was thereupon issued with a building permit. The petitioner made the roof work as per the approved plan.

(3.) In 2015 when the petitioner submited an application before the 2nd respondent to issue building permits to construct two additional floors, the 2 nd respondent issued Ext.P7 show-cause notice alleging that the petitioner has illegally constructed trusswork over the roof of the first floor. The petitioner was informed that if his reply is not satisfactory, the Municipality will be confirming Ext.P7 order and steps will be taken to demolish the alleged illegal construction. The petitioner submitted Ext.P8 reply pointing out that the trusswork was done after obtaining Ext.P3 permit and the basement was in existence from the time of original construction of the building and property tax is being remitted in respect of the same.