Petitioner challenged approved building plan. Court dismissed petition, directing civil court suit and reserving power for corporation to demolish violations.
O.P. dismissed; freedom to pursue remedy in civil court; Corporation to act on plan violations.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 OP.No. 2753 of 2003(C) ----------------------
PETITIONER:
R.THIRUVENKATAM S/O. RAMASWAMY REDDIAR, AGED 64YEARS, RESIDING AT T.C.NO. 23/419, SHANTI NIVAS, KOCHAR ROAD, VALIASSALA, THIRUVANANTHAPURAM
BY ADV. SRI.R.S.KALKURA
RESPONDENTS:
R4 BY ADV. SRI.D.SAJEEV R1 BY GOVERNMENT PLEADER SRI. TEKCHAND R2 AND R3 BY ADV. SRI. N.NANDAKUMARA MENON
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER ON CMP4953 OF 2003 IN OP 2753 OF 2003
DISMISSED 23.5.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OF THE PARTITION DEED NO. 918 OF 1988
EXT.P2 TRUE COPY OF THE PLAN APPENDED TO THE EXCHANGE DEED.
EXT.P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.
EXT.P5 TRUE COPY OF THE RECEIPT ISSUED BY THE CORPORATION AUTHORITY
EXT.P6 TRUE COPY OF THE RECEIPT ISSUED BY THE CORPORATION AUTHORITY
EXT.P7 TRUE COPY OF THE PLAINT IN OS NO. 609 OF 2002 OF THE MUNSIFF'S COURT, TRIVANDRUM.
EXT.P8 TRUE COPY OF THE ORDER IN IA 397 OF 2002 IN OS NO. 609 OF 2002 OF THE MUNSIFF'S COURT, TRIVANDRUM.
EXT.P9 TRUE COPY OF THE NOTICE ISSUED BY THE CORPORATION AUTHORITY DATED 3.6.2002
EXT.P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE MINISTER, R2.
EXT.P11 TRUE COPY OF THE INTERIM ORDER IN CMP 47407 OF 2002 IN OP 27807 OF 2002 DATED 27.9.2002
EXT.P12 TRUE COPY OF THE LICENCE AND PERMIT GRANTED ON THE BASIS OF REVISED PLAN TO THE 2ND RESPONDENT.
EXT.P13 TRUE COPY OF THE PLAN APPROVED BY THE 2ND RESPONDENT.
4TH RESPONDENT'S EXHIBITS:
EXT.R4(a) TRUE COPY OF THE JUDGMENT DATED 27.8.2002 IN OP NO. 23051 OF 2002 T
EXT.R4(b) TRUE COPY OF THE PERMIT ISSUED BY THE 1ST RESPONDENT DATED 26.9.2002
TRUE COPY
P.S. TO JUDGE.
C.N. RAMACHANDRAN NAIR, J.
O.P. NO. 2753 OF 2003
Dated this the 23rd day of May, 2008
JUDGMENT
This O.P. is filed by a neighbouring owner challenging the plan approved by the Trivandrum Corporation for construction of a building by the fourth respondent. Even though O.P. is pending for the last 5 years, neither the petitioner nor the Corporation's Counsel is in a position to state whether fourth respondent has completed the construction of the building based on the approved plan. Petitioner has not pointed out the nature and extent of violation with reference to Building Rules. Apparently the dispute is between the petitioner and neighbouring owner that too on encroachment. Civil suit is also stated to be pending. I therefore close this O.P. leaving freedom to the petitioner to pursue the remedy before the civil court against the fourth respondent. However, if construction is made in violation of approved plan, the Corporation will take appropriate steps in accordance with Rules including demolition of the building or any portion thereof, if construction is made not in conformity with the plan approved.
(C.N. RAMACHANDRAN NAIR) Judge
kk
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R. Thiruvengatam
State of Kerala
City Corporation of Trivandrum
Town Planning Officer
T. Vijayarangan
C.N. Ramachandran Nair
As recorded by the court registry
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