K.P.GOPALAN NAYAR Vs. KOTTAYAM MUNICIPALITY

JUDGEMENT

(1.) The deceased petitioner was aggrieved with Ext.P10 order passed by the Municipality under the Kerala Municipality Building Rules, 1999; as directed by this Court in Ext.P9 judgment. The legal heirs have since death, impleaded themselves as supplemental petitioners. The brief facts to be noticed are that the petitioner along with another was in possession of 40 sq. meters of landed property, wherein there was an existing building having two rooms. The said two rooms are said to have been a part of the row building with the different buildings on a straight line; owned by different persons. The adjacent building owners are said to have reconstructed their buildings which were also regularised by the Municipality.

(2.) The petitioner along with the co -owner made an application for reconstruction after demolishing the two rooms. On Exhibit P2 permit obtained, the co -owners built a two storied building on the property with the petitioner owning the ground floor portion and the other owning the first floor portion. After construction of the building as per the permit issued at Ext.P2, the Municipality issued Ext.P4 notice finding that there was a deviation from the approved plan insofar as the two meter set -back has been infringed by the slab and beams. The petitioner filed objection to the same at Ext.P5. However, the Municipality affirmed the notice and directed demolition of the new building constructed.

(3.) The petitioner filed an application for regularisation under Rule 72 of the Kerala Building Rules, which was rejected as per Ext.P8(b). Subsequently the petitioner approached this Court and obtained P9 judgment, pursuant to which Ext.P10 order was passed; which is impugned herein.