RAJAGOPAL Vs. PERUMBAVOOR MUNICIPALITY MUNICIPAL OFFICE

JUDGEMENT

(1.) Petitioner is a resident within the limits of the first respondent municipality. According to the petitioner, in the immediate neighbourhood, the third respondent had constructed a factory building in violation of the Kerala Municipality Building Rules, which is causing prejudice to the petitioner. It is also stated that, construction carried out without securing building permit from the municipality is not regularized also. Apparently, it is on the basis of the complaint submitted by the petitioner herein, action was initiated by the municipality and as per Ext.P3 municipality directed the third respondent to produce the survey sketch from the Taluk Surveyor. Apparently, the third respondent has not produced the survey sketch in response to Ext.P3 notice, consequent to which municipality has passed Ext.P4 order dismissing the regularization application submitted by the third respondent. The third respondent had earlier approached this Court and has secured Ext.P2 judgment in WP(C)No.5219/2018 dated 28.2.2018, whereby, the municipality was directed to consider the application within a time frame. According to the petitioner, in spite of issuance of Ext.P4, municipality is not implementing the order contained under Ext.P4. It is thus seeking appropriate direction this writ petition is filed.

(2.) The third respondent has filed a detailed counter affidavit refuting the allegations claims and demands raised by the petitioner.

(3.) It is an admitted fact that there are certain constructions carried out by the third respondent without securing permit from the Secretary of the first respondent municipality. The paramount contention advanced in the counter affidavit is that, the revenue authorities have not issued the survey sketch, even though the third respondent has made best efforts, and, now, survey sketch is obtained and also the same is produced before the municipality.