KRISHNA MAHADEVAN @ MAHADEVAN Vs. K.R.MONIAMMA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment passed in W.P.(C) No.30577 of 2016 dated 18.10.2019, by which the writ court set aside Exhibit-P10 order dated 27.05.2016 issued on behalf of the State of Kerala, represented by Secretary to the Government, Local Self Government Department, Thiruvananthapuram, respondent No.2 herein, regularising the unauthorised construction, after accepting a compound fee of Rs.45,475/-. Writ court further directed that report of the Secretary of Vilappil Grama Panchayat along with recommendations of the Chief Town Planner shall be considered afresh by the Government and the petitioner, 2nd respondent as well as 4th respondent therein shall be put on notice, heard and appropriate orders shall be passed within a period of two months from the date of receipt of a copy of the judgment, after considering the contention of all the parties. They were also directed to appear before the Secretary to Government in the Local Self Government Department at 11 am on 30.10.2019 for hearing.

(2.) Being aggrieved, respondent No.4 therein has filed the instant writ appeal.

(3.) Before the writ court, respondent No.1 submitted that she is the owner and in possession of 4 cents of property in Vilappil village in Kattakada taluk at Thiruvananthapuram. Respondent No.4/appellant has 5.5 cents of property adjacent to the petitioner's property. Said land was purchased on 21.12.2009. Thereafter on 23.12.2009, another extent of 2.80 cents of property was purchased by the 4th respondent adjacent to the property purchased on 21.12.2009. Application for building permit for construction of three storeyed building in the 2.8 cents of property was submitted by the 4th respondent/appellant. Taking note of Rules 61 and 62 of the Kerala Municipality Building Rules, 2018 with regard to construction in small plots, Exhibit-P1 building permit was issued by the Secretary of Vilappil Grama Panchayat, respondent No.2 therein.