JINAS K.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) Alleging that the Municipality is attempting to construct a water pump house in violation of the Kerala Municipality Building Rules, 2019 (hereinafter referred to as 'the Rules'), the occupiers of the adjacent building of the proposed site have filed W.P.(C) No.31416/2023. The contractor who is entrusted with the work in question has filed W.P.(C) No.31449 of 2023 seeking police protection for completion of the work.

(2.) I shall first deal with W.P.(C) No.31416/2023. Petitioners are the occupants of shop rooms bearing Nos.2379 and 2390, in Division 28 of the Thrikkakara Municipality. According to the petitioners, the first petitioner had been conducting business therein for more than 60 years and the second petitioner is conducting business for more than 35 years. Adjacent to the shop rooms is situated a well. The petitioners claimed that the title over the shop rooms, well and also the property wherein they are situated vests with them. However, since the well was being used by the public, there is a statutory vesting of the well in the Municipality, under Sec. 208 A of the Kerala Municipality Act, 1994. The contention is that the Municipality is going to construct a water pump house with a tank, adjacent to the well without maintaining the required side yard as mandated under Rule 26 of the Rules.

(3.) According to the Municipality, the petitioners are not the owners of the property or the shop rooms and they are trespassers. It is the further case that the Municipality is entitled for exemption from the Municipal Building Rules for the work in question in terms of Chapter II Rule 7(j) therein.