STATE OF KERALA Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed against construction undertaken by Muhammed and Shajahan, the respondents 5 and 6, in the property adjacent to the petitioner's property.

(2.) Muhammed and Shajahan approached the Kozhikode Corporation for building permit to construct a commercial building having plinth area of 15184.3 sq.mtrs. The Corporation granted the building permit to Muhammed and Shajahan on 29.06.2017 and they started piling work. At this juncture, UdaySankar-the petitioner who is occupying adjacent building conducting a bakery under the name and style 'Delecta Bakery & Stores', approached the Corporation and the Revenue Authorities by complaining against the alleged illegal piling. UdaySankar also approached this Court in W.P. (C) No.15426 of 2020. This Court granted an interim order dated 05.08.2020 in W.P.(C) No.15426 of 2020. The petitioner seeks a direction for consideration of Ext.P10 representation before the Revenue Divisional Officer, Kozhikode and Ext.P11 representation before the Kozhikode Corporation in the above writ petition.

(3.) Muhammed and Shajahan entered appearance and produced the building permit and the permit from the Geologist to defend their action of piling work undertaken in the land. Thereupon, UdaySankar filed W.P.(C) No. 19335 of 2020, challenging Ext.P15 withdrawal of stop memo dated 06.07.2020 by the Kozhikode Municipal Corporation, Ext.P16 quarrying permit dated 16.07.2020 granted by the District Geologist and Ext.P17 decision dated 07.09.2020 of the Expert Committee constituted under Rule 11A of the Kerala Municipality Building Rules, 1999.