C.M.ANWAR Vs. THE SECRETARY,THRIKKAKKARA MUNICIPALITY

JUDGEMENT

(1.) The petitioner along with his wife 'Smt. Azeena Anwar' and 'Mr George Thomas' and his wife 'Smt. Reena' had jointly purchased a property having an extent of 1.95 Ares comprised in Block No.8, Re -Survey No.650/11 in Kakkanad Village, by virtue of sale deed No.3879 of 2013 of Sub Registry, Thrikkakkara. Thereafter, the petitioner had submitted an application, seeking building permit for the construction of a two -storied commercial building in the above said property, after complying with the statutory formalities, under the Kerala Municipality Building Rules, 1999 (hereinafter referred to as 'the Rules'). The respondent had granted Ext.P1 building permit, for the construction of a two -storied building with plinth area of 334.14 sq.mt. Thereupon, the petitioner started construction in accordance with Ext.P1 permit. While the construction was in progress, one 'Azeez @ Assainar and others' made an attempt to obstruct the works, by saying that construction proposed is within the prohibited distance of P.W.D. Road, as per the Municipality Act,1994(hereinafter referred to as 'the Act') While so, the petitioner approached this Court, seeking a police protection, to complete the construction of the building from the threat caused by the said 'Azeez @ Assainar and others', by filing writ petition No.31452 of 2015 and in that writ petition, the petitioner came to know from the respondent Municipality that the respondent Municipality had issued a stop memo to the petitioner, alleging violation of distance rule, as per the Act. Thereafter, the petitioner received a letter from the respondent Municipality, enclosing the copy of a stop memo. Ext.P6 is the copy of letter dated 23.11.2015, issued by the respondent along with the stop memo. Aggrieved by the said stop memo, the petitioner approached the respondent and explained the actual state of affairs, including the identification of construction site, road etc. and measurement of the same by the competent authority and produced a sketch and report prepared by the Taluk Surveyor. According to the petitioner, actual width of the road passing along the side of the construction site is 8.3 metres, whereas as per the approved plan width of the road was shown, as 11 metres and space more than 3 metres is available between the actual road margin and site of construction.

(2.) On the basis of the site plan and the measurement made by the Revenue Authorities, the petitioner made request to withdraw the stop memo and filed Ext.P9 representation, requesting to withdraw the stop memo. But, the respondent has not taken any further action, after issuing the stop memo. Thus, the petitioner is aggrieved by the inordinate delay in completing the proceedings, after the issuance of Ext.P6 stop memo, stopping the petitioner's construction indefinitely. It is with the above averments, this writ petition is filed with a prayer to issue a writ of mandamus or order, directing the respondent, to consider Ext.P9 representation and dispose the same.

(3.) Heard the learned counsel for the petitioner .