NARAYANANKUTTY K Vs. SECRETARY, THRISSUR CORPORATION

JUDGEMENT

(1.) WP(C) No.3061/2013 is filed by the petitioner therein seeking a direction to the Corporation to comply with the orders passed by the Ombudsman exhibited at Exts.P5 & P6. The allegation is that Ext.P7 provisional order was issued by the Corporation without complying with the directions in Exts.P5 & P6. There was an interim stay of the proceedings initiated. A reading of the writ petition and the documents produced would indicate that the allegation of the Corporation is with respect to an unauthorized construction carried on by the petitioner. The petitioner admittedly has built a three-storeyed building, in which certain unauthorized constructions were noticed, on the basis of which proceedings were initiated by the Corporation. The petitioner had approached the Ombudsman, who had directed notice to be issued by registered post and also specified that the exact unauthorized construction with the violations based on the provisions under the Kerala Municipality Building Rules, 1999, has to be notified to the petitioner.

(2.) WP(C) No.10087/2016 is filed by a person having residence, to the northern side of the property, which belongs to the petitioner in the other writ petition. The petitioner therein claims that the Corporation, on the basis of the stay order, has not proceeded with the proceedings initiated against the unauthorized construction. The petitioner in the said case seeks for expeditious conclusion of the proceedings under the Kerala Municipality Building Rules.

(3.) The proceedings were initiated in the year 2012 and the provisional order itself was stayed in WP(C) No.3061/2013. Even going by the provisional order, the unauthorized construction has been specified against which, proceedings were taken as per Ext.P7 produced along with WP(C) No.3061/2013. The neighbouring property owner, however, alleged that there are other unauthorized constructions also, which he has pointed out in Exts.P2 & P3 complaints produced in WP(C) No.10087/2016.