BALAKRISHNAN Vs. PRADEEP KUMAR

JUDGEMENT

(1.) Plaintiffs in O.S. No. 766 of 1995, on the file of the Munsiff's Court, Ernakulam have preferred this revision against the judgment dated 7-11-1995 in C.M. A. No. 73 of 1995, on the file of the II Additional Sub Court, Ernakulam. By the impugned judgment, the learned Sub Judge has set aside the order of injunction granted by the learned Munsiff in I.A. No. 2969 of 1995 against the respondents herein, who are the defendants in the suit.

(2.) The petitioners filed the suit for a declaration that defendants 1 and 2 have no right to proceed with the construction of the multi-storied building in the plaint schedule property without making provisions for sewage disposal system, drainage and sanitation and for a decree of mandatory injunction directing the 3rd respondent - Greater Cochin Development Authority (for short GCDA) - not to permit defendants 1 and 2 to make any construction in the plaint schedule property in violation of the Kerala Building Rules. They also prayed for a decree of permanent prohibitory injunction restraining defendants 1 and 2 from proceeding with the construction in the plaint schedule property.

(3.) There was a partition of the property comprised is Sy. No. 319 of Kakkanad Village among the brothers of the plaintiffs. The plaint schedule property was allotted in favour of one of the brothers, namely Sri. Gangadharan. Defendants 1 and 2 purchased 12cents of land from Sri. Gangadharan as per sale deed Nos. 104/89 and324/ 89 of the Thrikkakara Sub Registry. The plaint schedule property which was purchased by defendants 1 and 2 lies on a higher level than mat of the residential house and property of the plaintiffs by about 10 feet. Defendants 1 and 2 started construction of a multi-storied building on the plaint schedule property without obtaining any commencement certificate from the concerned authority as stipulated in S.15 of the Town Planning Act That apart, it is contended that no provision for disposal of sewage and waste water etc., having been made in the building, the same shall flow into the residential house and property of the plaintiffs. That will cause irreparable nuisance and health hazard to them, as and when the proposed building, consisting of 12 flats are occupied by different owners. The plaint schedule property as well as the properties belonging to the plaintiffs are located within the area notified under the Detailed Town Planning Schedule for Pattupurackal, Thrikkakara. This scheme was sanctioned by the Government and notified under S.12 of the Town Planning Act The said scheme is still in force.