KANAKAM Vs. KOZHIKODE CORPORATION

JUDGEMENT

(1.) Instant writ appeal is filed challenging the judgment in W.P. (C) No. 996 of 2020 dated 3.2.2020, by which the writ court dismissed the writ petition filed by the appellant. The judgment reads thus:

(2.) Short facts leading to the appeal are that, appellant/writ petitioner and 4th respondent are tenants in the building owned by 3rd respondent. Appellant is occupying a portion of the first floor of the building and the 4th respondent is occupying a room just above the room occupied by the appellant. Under the guise of renovating the room, the 4th respondent was putting up construction, which was causing great nuisance to the appellant. Following the complaint filed by the appellant, officers of the 1st respondent Corporation inspected the building and issued Ext. P1 show cause notice to the 3rd respondent to demolish the unauthorised construction. The 3rd respondent gave a reply to the said notice stating that there is no violation. According to the appellant, the 1st respondent has not taken any action either to demolish the unauthorised construction or to abate nuisance. By Ext. P2 letter dated 21.6.2018, the Secretary, Kozhikode Corporation (2nd respondent) informed the appellant that the unauthorised construction has been removed by the 3rd respondent. Thereafter also, the 4th respondent continued the activity of causing nuisance to the appellant. Pursuant to a complaint filed by the appellant before the 2nd respondent to initiate proceedings against the 4th respondent, the 2nd respondent called for a meeting of the appellant and respondents 3 and 4. In the said meeting, the 4th respondent undertook that the renovation work will be done only between 6 PM and 6 AM and that the work will be over by 15.7.2019. However, the 4th respondent did not complete the work. Thereafter the 2nd respondent by Ext. P4 notice dated 26.7.2019 called upon the 3rd respondent to stop the renovation activities. Though the 2nd respondent has issued Ext. P4 order, the 3rd respondent has not implemented the same and unilaterally granted a further time behind the back of the appellant. Under the said circumstances, appellant has approached this court by filing W.P.(C) No. 996 of 2020 and after considering the rival submission, the writ court dismissed the writ petition.

(3.) Being aggrieved, instant writ appeal is filed inter alia on the following grounds: