Petitioner sought direction to conclude pending municipal proceedings regarding disputed septic tank construction. Court directed authorities to pass orders within one month without pronouncing on merits of rival claims.
Direction to conclude proceedings UE1/251/2013 by passing appropriate orders within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF JULY 2023 / 12TH ASHADHA, 1945 WP(C) NO. 11179 OF 2023
PETITIONER:
JAYANTHI L, AGED 62 YEARS W/O LATE RADHAKRISHNAN NAIR, R/AT GOWRISHAM CHENCHERRI, KURUMKULAM, ULLOOR, THIRUVANANTHAPURAM – 695011.
BY ADVS. T.K.SANDEEP ARJUN SREEDHAR ARUN KRISHNA DHAN ALEX ABRAHAM VEENA HARIKUMAR SWETHA R. HARIKRISHNAN P.B.
RESPONDENTS:
3 S. GOPAKUMAR, S/O SUNDARESAN, AGED ABOUT 55 YEARS, R/AT GOKULAM, CHENCHERRI, KURUKULAM, CKRA-103, NALANCHIRA P.O., ULLOOR, THIRUVANANTHAPURAM, PIN - 695015
W.P.(C) No.11179/2023
: 2 :
4 SAJITHA S, W/O GOPAKUMAR, AGED ABOUT 46 YEARS, R/AT GOKULAM, CHENCHERRI, KURUKULAM, CKRA-103, NALANCHIRA P.O, ULLOOR, THIRUVANANTHAPURAM, PIN – 695015
BY ADVS. SUMAN CHAKRAVARTHY S. GOPAKUMAR,(Party-In-Person) SAJITHA S,(Party-In-Person)
GOVERNMENT PLEADER SMT.DEVISREE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.11179/2023
: 3 :
N. NAGARESH, J.
W.P.(C) No.11179 of 2023
Dated this the 3rd day of July, 2023
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner, who is owner of a residential house and compound namely CKRA-101, Gourisham, Chencherri, Kurumkulm in the City Corporation of Thiruvananthapuram, has approached this Court seeking to direct the 1st respondent to consider and dispose of the pending proceedings namely UE1/251/2013 and all other proceedings initiated against the illegal construction carried out by the 3rd and 4th respondents within a time frame fixed by this Court.
the petitioner's property, there is a property owned by
W.P.(C) No.11179/2023
: 4 :
respondents 3 and 4. In the year 2013, the 4th respondent started excavating earth from north western corner of their property in order to construct a septic tank. As the property of respondents 3 and 4 is lying at a higher level, any discharge to the proposed septic tank would directly harm the petitioner. However, disregarding the objections raised by the petitioner, respondents 4 and 5 constructed the septic tank / leach pit.
W.P.(C) No.11179/2023
: 5 :
No.589/2013 in the Munsiff's Court, Thiruvananthapuram. The suit was ultimately dismissed. Still, the Corporation did not take any steps. The petitioner therefore filed W.P.(C) No.25850/2014 and this Court directed the Assistant Engineer of the Corporation to conduct site inspection, as per Ext.P2. Thereafter, the authorities issued Ext.P3 order directing the 4th respondent to demolish the unauthorised construction.
W.P.(C) No.11179/2023
: 6 :
W.P.(C) No.11179/2023
: 7 :
pipes are connected. One from the kitchen zink another from the bathroom and yet another from the wash basin. These three outlets come to the first manhole and then to the collection point and from there to the tank which is of dispute. On examination, it is seen that the waste water from the septic tank is not connected to the manholes. This fact was made known to the parties present and their signature was obtained in the site inspection report.
W.P.(C) No.11179/2023
: 8 :
Corporation was also a party. Those civil proceedings are concluded now. The Standing Counsel would submit that the parties were heard in the matter on 23.08.2022 and the proceedings are not concluded so far. The original complaint was given by the husband of the petitioner, who is no more. In the circumstances, legal opinion has been sought in the matter.
Writ petition is therefore disposed of directing respondents 1 and 2 to conclude the proceedings UE1/251/2013 by passing appropriate orders within a period
W.P.(C) No.11179/2023
: 9 :
of one month, if the proceedings are already not concluded. It is made clear that I have not pronounced anything on merit in respect of rival claims of the parties.
Sd/-
N. NAGARESH, JUDGE
aks/03.10.2023
W.P.(C) No.11179/2023
: 10 :
APPENDIX OF WP(C) 11179/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE STOP MEMO DATED 17.01.2013 ISSUED BY AN OFFICER OF THE 1 ST RESPONDENT TO THE 4 TH RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER IN THE WP(C) NO. 25850/2014 DATED 15.12.2015 Exhibit P3 TRUE COPY OF THE ORDER NO. UE1/251/13 DATED 31.12.2015 Exhibit P4 TRUE COPY OF THE CONFIRMATION ORDER DATED 09.03.2016 Exhibit P5 TRUE COPY OF THE ORDER OF THE LSG TRIBUNAL, THIRUVANANTHAPURAM IN THE APPEAL NO. 822/2015 DATED 09.10.2019 Exhibit P6 TRUE COPY OF THE JUDGEMENT IN THE CASE OF O.P(C) NO. 2403/2019 DATED 16.10.2019 Exhibit P7 TRUE COPY OF THE JUDGEMENT IN THE O.S NO. 589/2013 DATED 08.09.2020 Exhibit P8 TRUE COPY OF THE JUDGMENT IN THE O.S NO. 857/2016 DATED 11.06.2020 Exhibit P9 TRUE COPY OF THE REPLY NOTICE SUBMITTED BY THE PETITIONER'S HUSBAND TO THE CORPORATION
RESPONDENT'S EXHIBITS
| EXHIBIT R4 (j) | Order of the Pollu dated 06.02.2007 |
tion | control b | oard |
|---|---|---|---|---|
| EXHIBIT R4 (k) | Judgment in WP (C) 2 | 5850 | of 2014 | |
| Exhibit R4(a) | Computer generated property belonging Radhakrishnan Nair. in the petition as petitioner) |
tax to (f bel |
invoice of one late alsely cla onging to |
the Mr. imed the |
| EXHIBIT R4 (b) | Computer gener |
ated | Owner | ship |
| certificate | (fi | le | no- | |
| 4016703/1319/2023) under consideration |
of | the prop | erty |
: 11 :
W.P.(C) No.11179/2023
| EXHIBIT R4 (c) | Building Tax receipt (Receipt No. 6016711526368) of the property under |
|---|---|
| consideration. (Property of the 3rd Respondent) |
|
| EXHIBIT R4 (d) | Copy of the sale deed (Sale deed No.2520/1998) of the property under consideration |
| EXHIBIT R4 (e) | Preliminary order of the Corporation of Thiruvananthapuram under Sec 406(1) of the KM Act dated 25.01.2013 |
| EXHIBIT R4 (f) | Temporary Injunction awarded by the Munsiffs court in IA 3045/2013 and IA 3074/2013 in OS 589/2013 |
| EXHIBIT R4 (g) | Computer Generated Case Status of OP (C)2403/2019 |
| EXHIBIT R4 (h) | Judgment in OS 857/2016 |
| EXHIBIT R4 (i) | Complaint filed by the 4th Respondent before Kerala State Pollution Control Board |
| EXHIBIT R4 (l) | Not Pressed Memo Submitted by the |
| Counsel for Mr. Radhakrishnan in WP (C) 25850 of 2014 |
|
| EXHIBIT R4 (m) | Kerala Municipality Building Rules, 2019 |
| EXHIBIT R4 (n) | Order of the District Magistrate dated 05.11.2013 |
| Exhibit-R1(a) | A true copy of the site inspection report dated 16.06.2023 |
1 issue framed by the court
Whether the Corporation authorities must conclude pending proceedings regarding alleged illegal construction within a fixed timeframe.
Jayanthi L
The Thiruvananthapuram Corporation
Assistant Engineer, Uloor Zonaloffice
S. Gopakumar
Sajitha S
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
