Dismissed

Anto Paul Mampilly v. the Corporation of Kochi

Kerala HC4 Sept 2023WP(C)/28578/2023

Case brief

AI extract

What is this about?

In a partition suit context, the petitioner sought to restrain a relative from repairing a shop building. The court dismissed the petition as the petitioner had no objection to permissible repairs. The Corporation was directed to act if a violation of building rules is found.

What did the court decide?

The writ petition was dismissed; respondents are at liberty to initiate action if a violation of building rules is later established.

Anto Paul Mampilly Vs the Corporation of Kochi — Municipal and Town Planning | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

MONDAY, THE 4TH DAY OF SEPTEMBER 2023 / 13TH BHADRA, 1945

¶5

WP(C) NO. 28578 OF 2023

¶6

PETITIONER:

¶7

1ANTO PAUL MAMPILLY
AGED 41 YEARS
S/O EPHRAIM PAUL MAMPILLY,BINTAMINS BUILDING NO.R384,
KARAMA, DUBAI, UAE FROM (6D THOTTUMUKHAM, NEXT TO YMCA,
ALUVA) REPRESENTED BY MOTHER AS AUTHORIZED
REPRESENTATIVE MERCY ALIAS MERCY JOHN PARAPAN, W/O
EPHRAIM MAMPILLY, AGED 66, 6D THOTTUMUKHAM, NEXT TO
YMCA, ALUVA, ERNAKULAM DISTRICT., PIN - 683105
2AKHIL JOHN MAMPILLY
AGED 31 YEARS
S/O EPHRAIM PAUL MAMPILLY, BINTAMINS BUILDING NO.R384,
KARAMA, DUBAI, UAE FROM (6D THOTTUMUKHAM, NEXT TO YMCA,
ALUVA) REPRESENTED BY MOTHER AS AUTHORIZED
REPRESENTATIVE MERCY ALIAS MERCY JOHN PARAPAN, W/O
EPHRAIM MAMPILLY, AGED 66, 6D THOTTUMUKHAM, NEXT TO
YMCA, ALUVA, ERNAKULAM DISTRICT., PIN - 683105
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
P.VISWANATHA MENON
R.UDAYA JYOTHI
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
SINEESH K.M.

¶8

RESPONDENTS:

¶9

1THE CORPORATION OF KOCHI
REPRESENTED BY ITS SECRETARY, OFFICE OF THE CORPORATION
OF KOCHI, PARK AVENUE ROAD, ERNAKULAM, KANAYANNUR
TALUK, ERNAKULAM DISTRICT., PIN - 682011

¶10

2THE SECRETARY
OFFICE OF THE CORPORATION OF KOCHI, PARK AVENUE ROAD,
ERNAKULAM, KANAYANNUR TALUK, ERNAKULAM DISTRICT., PIN -
682011
3MATHEW MAMPILLY
AGED 63 YEARS
S/O PAUL, NJARAKKAL, NEAR ST. MARY'S CHURCH, KOCHI
TALUK, ERNAKULAM DISTRICT., PIN - 682505
BY ADV D.G.VIPIN

¶11

WP(C) NO. 28578 OF 2023

¶12

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.09.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶14

WP(C) NO. 28578 OF 2023

¶15

¶16

BECHU KURIAN THOMAS, J.

¶17

W.P.(C). No.28578 of 2023

¶18

Dated this the 4^th day of September, 2023

¶19

ORDER

¶20

Petitioner seeks for a direction to respondents 1 and 2 to prevent the 3^rd respondent from undertaking unauthorised constructions in a single storey shop building situated in the property situated in Sy.No.2283/1 of Ernakulam Village.

¶21

Petitioners and the 3rd respondent are relatives. A civil suit is pending between the parties as OS No. 137/2022 before the Additional Sub Court, Ernakulam which is a suit for partition. In the said suit an interim order of injunction was obtained on 0107-2022 restraining the 3rd respondent from committing acts of mischief or from alienating the said property. Challenging the said order, the 3rd respondent preferred C.M.A.53/2022 before the District Court Ernakulam.

¶22

From the petitioners' own averments, it is evident that the above referred appeal was allowed and the order of injunction was vacated, recording the statement of the writ petitioners themselves that they have no objection in permitting repair works in the shop room which are permissible under the Kerala Municipality Building Rules.

¶23

WP(C) NO. 28578 OF 2023

¶24

¶25

Surprisingly, the said order in C.M.A.53/2022 of the District Court, Ernakulam has not been produced. However, from the averments, it is evident that the works now allegedly being carried out, were even agreed to by the writ petitioners before the District Court, Ernakulam. Therefore, the petitioners may not be justified in raising the objection regarding the works that are being carried out by the 3^rd respondent, in the shop building.

¶26

Notwithstanding the above, if the works that are being carried out by the 3^rd respondent require any permit as per the Municipality Building Rules, certainly, respondents 1 and 2 are bound to look into the same and initiate appropriate action if there is any violation of the Rules.

¶27

Since I am not satisfied that the 3^rd respondent is carrying out any construction in contravention of the Rules as of now, I am not inclined to allow the reliefs claimed in the writ petition.

¶28

Notwithstanding the above observation, respondents 1 and 2 will be at liberty to initiate appropriate action if it is satisfied that there is any violation of the Building Rules.

¶29

This writ petition is dismissed.

¶30

BECHU KURIAN THOMAS JUDGE

¶31

AJM/4/9/23

¶32

WP(C) NO. 28578 OF 2023

¶33

¶34

APPENDIX OF WP(C) 28578/2023

¶35

PETITIONER EXHIBITS

¶36

Exhibit P-1TRUE COPY OF THE WILL NO.32/III/2003
DATED 11.2.2003 ON THE FILE OF THE
S.R.O., ERNAKULAM
Exhibit P-2TRUE COPY OF THE WILL BEARING
NO.315/2013 ON THE FILE OF THE
S.R.O., ERNAKULAM
Exhibit P-3TRUE COPY OF THE SUPPLEMENTARY WILL
OR CODICIL BEARING NUMBER 359/2015
ON THE FILE OF THE S.R.O., ERNAKULAM
Exhibit P-4TRUE COPY OF THE COMPLAINT DATED
18.8.2023 SUBMITTED BEFORE THE 2ND
RESPONDENT BY THE PETITIONERS AND
THE ACKNOWLEDGMENT DATED 18.8.2023
AND THE RECEIPT REFERENCE NO. 27058
DATED 19.8.2023
Exhibit P-5TRUE PHOTOGRAPHS (4 IN NUMBER) OF
THE CONSTRUCTION BEING UNDERTAKEN IN
THE BUILDING.

¶37

//TRUE COPY//

Anto Paul Mampilly v. the Corporation of Kochi

Case brief

What is this about?

What did the court decide?

Anto Paul Mampilly v. the Corporation of Kochi

Case brief

What is this about?

What did the court decide?

What the court decided

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