K J DEVASSY Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the 2nd respondent to mark the original location of petitioner's compound wall in the light of the measurements taken by him for issuing Ext.P3 letter within a time frame, alternatively directing the 2nd respondent to consider and pass orders on Ext.P5 representation, within a time frame. Material facts for the disposal of the writ petition are as follows:

(2.) According to the petitioner, he is the absolute owner of 16.95 cents of land within the territorial limits of the Njarakkal Grama Panchayat, and a residential building is constructed in the said extent of property in the year 1984 and the compound wall is built during 1988. The second floor of the said building was constructed in the year 1999.

(3.) The 3rd respondent, immediate neighbour of the petitioner, lodged a complaint before the 2nd respondent, i.e. the Senior Town Planner, Kochi, alleging that the petitioner has illegally provided a window on the eastern side of the house, and thereupon, requested to demolish the unauthorized construction, evident from Ext.P1. The 2nd respondent thereafter conducted a site inspection on 19.06.2008, according to the petitioner, in the absence of the petitioner and took measurements incorrectly, and issued a notice asking the Njarakkal Grama Panchayat to take appropriate action against the petitioner for conducting unauthorized construction, evident from Ext.P2. The case of the petitioner is that, there is no violation of Town Planning Act or the Building Rules. However, the 3rd respondent could secure Ext.P2 notice by influencing the officials under 2nd respondent.