P.C.KRISHNAN PILLAI Vs. SECRETARY, MAVELIKKARA MUNICIPALITY

JUDGEMENT

(1.) The petitioner seeks to quash Exts.P27, P32 and P36 notices and to direct the 1st respondent to grant Occupancy Certificate and Building Numbers to the petitioner's building.

(2.) The petitioner owns 7.47 Ares of land in Mavelikkara Village, which is situated on the northern side of Kayamkulam-Thiruvalla Main Road. The properties on the northern and eastern side of the land are owned by respondents 2 to 4, who are grandchildren of the brother of the petitioner's grandfather. Their property has no road access and hence the petitioner "?s father allowed them to use a 4-feet passage through his property. The petitioner constructed a building abutting the said pathway as per an approved plan issued by the Mavelikkara Municipality. The petitioner constructed another building on the western side of the passage also.

(3.) In the year 2019, the petitioner proposed to construct a three storied building in the property and the petitioner was granted Ext.P9 Building Permit. Ext.P9 permit was for construction, as an extension to the existing building. The petitioner demolished the staircase of the existing building, thereby widening the said pathway to 2.50 metres as required under the Building Permit and the approved plan. There is a half wall which will also be demolished, and thereby the width of the pathway will increase to 2.70 metres. Respondents 2 to 4 thereupon made a demand that the pathway should be widened up to 3 metres and they filed complaints to Municipal authorities.