SAIDU K.M. Vs. THE DISTRICT COLLECTOR,ERNAKULAM

JUDGEMENT

(1.) Petitioners are local residents of Perumani in Arackappadi Village, Kunnathunadu Taluk in Ernakulam District. Sixth respondent purchased a plot of 1.91 ares as per Ext.P1, adjoining the residence of the 1st petitioner in the year 2013, and started the construction of a temple without obtaining any licence from the authorities. Petitioners submitted complaint before the 3rd respondent as per Ext.P2, wherein a report of the Village Officer was submitted as per Ext.P3. In pursuance to Ext.P3 report, 3rd respondent issued orders under Ext.P4, directing to maintain status quo instead of taking action to demolish the unauthorized construction under Rule 20 of the Building Rules. Petitioners filed complaint thereon to the 1st respondent and the 1st respondent issued Ext.P5 directions to the 4th respondent to take necessary steps. Fourth respondent instead of taking action under Section 20, referred the matter to the 1st respondent as per Ext.P6. Thereafter, respondents 5 and 7 submitted application to the 3rd respondent for permission to conduct mandalapooja for 41 days. According to the petitioner, misrepresenting the facts and obtained permission as per Ext.P7.

(2.) Thereupon, a mass petition was submitted by the petitioners and others to the 1st respondent as per Ext.P8. Since, there was no action initiated by the 1st respondent pursuant to Ext.P8, petitioners approached this Court and secured Ext.P9 judgment, wherein certain directions were issued. In compliance with the directions, Ext.P8 was taken on board and 1st respondent has passed Ext.P14 order which read as follows :-

(3.) According to the petitioners, 1st respondent has not taken into account the report given to the 1st respondent by the subordinate officers in order to deal with the situation in question. Therefore, interference with Ext.P14 order passed by the 1st respondent is required at the hands of this Court by invoking the discretion jurisdiction conferred under Article 226 of the Constitution of India, is the contention put forth by the petitioners.