Perandoor Road on the western side, with a width of 4.5 feet. However, the petitioner deliberately omitted to show the above said pathway in the Ext.P9 building plan as the northern and eastern side boundaries of the building, with an oblique motive to avoid the statutory setback to be left between the building and pathway. There should be a statutory clearance of 1.50 meters between the building and pathway as per the relevant provisions of the Building Rules. The staircase at the northern part of the proposed building originally abuts the pathway at the northern side of the building without leaving any setback under Kerala Municipality Building Rules, 1999. As per the terms of Ext.P8 affidavit and Ext.P9 plan, after surrendering 0.12 Ares of land from the subject property, the petitioner shall leave a space of 4.50 metres as a building line from the road boundary. However, the present construction is being carried out by the petitioner without leaving the statutory space of 4.50 metres as building line. In the light of above stated facts and circumstance, it is just and necessary that the ongoing construction of the building is liable to be interdicted under the provisions of Kerala Municipality Building Rules, 1999. The 3rd respondent being the neighbouring resident of the petitioner is deeply aggrieved by the violations committed by the petitioner. It is a settled proposition that Equity cannot be claimed at the cost of neighbour, whose rights are affected by the illegality.
