ALICE GEORGE Vs. PALA MUNICIPALITY PALA PO, KOTTAYAM DIST., PIN 686575, REPRESENTED BY SECRETARY AND OTHERS

JUDGEMENT

(1.) The petitioner, who is a person residing within the territorial limits of Pala Municipality, has approached this Court aggrieved by a construction that is put up in a neighbouring property, at the instance of the 9th respondent. In the writ petition, it is the case of the petitioner that the construction that is now effected to the Cardiac/Dialysis/Modern Lab Block, which is adjacent to the property of the petitioner, is in violation of the plan that was submitted by the said respondent before the Municipality, which clearly showed that a setback of 500 cms. was uniformly maintained in the portion of the construction which was adjacent to the petitioner's property. In the writ petition, the petitioner contends that, deviating from the plan that was submitted before the respondent Municipality, the 9th respondent had caused a new construction to be effected, which violated the setback norms contemplated under the Kerala Municipality Building Rules, 1999.

(2.) A counter affidavit has been filed by the 10th respondent, who is the contractor entrusted with the work by the 9th respondent, wherein, Ext.R10 (d) plan has been produced stating that the said revised plan was subsequently submitted before the respondent Municipality, and the work that is now being carried on in the property is strictly in accordance with Ext.R10 (d) plan. It is pointed out that the said plan was certified by the authorities concerned, in accordance with Rule 7(2) of the Kerala Municipality Building Rules, 1999, and the duly certified plan was submitted before the respondent Municipality on 6.2.2017, which fact is affirmed by the learned Government Pleader, on instructions.

(3.) I have heard the learned counsel for the petitioner, the learned Standing counsel for the respondent Municipality, the learned Government Pleader for the official respondents of the State and also the learned counsel for the 10th respondent.