SAJITHA.S.V Vs. SECRETARY

JUDGEMENT

(1.) The dispute between the two neighbours led to this writ petition.

(2.) The petitioners, questioning the building permit issued by the 1st respondent-Secretary, Kanjiramkulam Grama Panchayat to the 2nd respondent, approached the Tribunal for Local Self Government Institutions. Noting that there is a boundary dispute and to consider the satisfaction by the local authority in regard to bona fides of ownership claimed by the 2nd respondent, the Tribunal remitted back the matter to the local authority. The local authority with the assistance of the Surveyor fixed the boundary. There appears to be a serious dispute on the part of the petitioners in regard to the fixation of the boundary by the Surveyor. Based on the boundary fixed by the Surveyor, the local authority re-issued the permit. The Tribunal dismissed the appeal filed by the petitioners against the re-issued building permit. Challenging this, the petitioners approached this Court.

(3.) Admittedly, a civil suit is filed by the petitioners for the fixation of the boundary is pending. An application for temporary injunction was filed, that was dismissed. Thereupon it was carried in the appeal, the appellate court granted an interim injunction restraining the 2nd respondent making the construction in the plaint schedule property claimed by the petitioners.