G.BHAGAVATH SINGH Vs. MANOJ JOSEPH

JUDGEMENT

(1.) This appeal has been filed by the petitioner in W.P(C) No.10880 of 2013 challenging the order in R.P No.629 of 2014 and the judgment of the learned single Judge.

(2.) The writ petition has been filed by the petitioner pointing out certain infirmities in the construction being effected by the first respondent, who is a neighbour of the petitioner. According to the petitioner, the building was not constructed in accordance with the building plan and that substantial encroachments to the neighbouring property has been made and a ramp has been constructed which again is in violation of the building rules as well as various other statutory provisions. During the pendency of the writ petition, the first respondent had approached the Tribunal for Local Self Government Institutions by filing appeal against the action taken by the Corporation. The Tribunal by order dated 13.9.2013 permitted first respondent to prefer appeal before the council and further direction was issued to the Secretary to follow the guidelines/directions in paragraph (15) of its order and to complete the process within two months. Para (15) of the said order reads as under:

(3.) The learned single Judge, after taking note of the fact that the Corporation has already taken appropriate action in the matter which had been interfered by the Tribunal, taking note of paragraph (15) of the order passed by the Tribunal, directed the Corporation to follow the directions in paragraph (15). Accordingly, the writ petition was disposed of directing the Corporation to implement the order of the Tribunal in terms of paragraph (15).