C A MATHEW Vs. THODUPUZHA MUNICIPALITY

JUDGEMENT

(1.) Both these appeals are filed against a common judgment dated 18.6.2018 passed by the learned Single Judge. Three writ petitions have been finally disposed of by the judgment appealed against. But no appeal has been filed with respect to the judgment in W.P(C)No.17567/2017 .

(2.) The appellant was the petitioner in W.P(C)No.11902/2018 and 2nd respondent in W.P(C)No.14408/2018. Writ Appeal No.1531/2018 arises out of the former writ petition while Writ Appeal No.1532/2018 arises out of the latter case.

(3.) The dispute in this case is between two brothers, the appellant and the fourth respondent. Writ Appeal No.1531/2018 is treated as the leading case. The parties owned properties adjacent to each other. According to the appellant, his property measures 50 cents. He commenced the construction of a building in his property, on the strength of a building permit issued by Thodupuzha Municipality on 5.10.2012. The building permit has expired in the year 2015. Though no extension of the building permit was sought for immediately, it is alleged that the construction of the building continued. In the above circumstances, the fourth respondent who is the younger brother of the appellant approached this Court for a direction before the Tahsildar to cause a measurement of the properties to be effected to ascertain whether there was any encroachment on any portion of his property. Pursuant to the directions issued by this Court, a measurement was conducted after considering the objections of the appellant also. The Tahsildar found that there was encroachment on the property of the fourth respondent. According to the appellant, an appeal has been filed against the order of the Tahsildar before the Superintendent of Survey and Land Records, Idukki. The appeal was filed on 7.6.2018 and is pending.