SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(Ker) 464

C.K.ABDUL REHIM
R. Sheela – Appellant
Versus
The Corporation of Thiruvananthapuram, Represented by its Secretary – Respondent


Advocates Appeared:For the Petitioner:K. Ramakumar, Senior Advocate. For the Respondents:N. Nandakumara Menon, SC, TVM CORPRN., Government Pleader, P. Raveendra Babu, B. Harishkumar, Advocates.

Judgment :

1. This writ petition is filed challenging Ext.P4 order of the 4th respondent Tribunal, by which an appeal filed by the petitioner against Ext.P3 order of the 1st respondent Corporation is dismissed. The complaint of the petitioner is that construction made by the 3rd respondent on the neighbouring property is in deviation from the approved plan, based on which building permit was issued. There is no sufficient space left on the southern side of the 3rd respondent's building as required under the Kerala Muncipality Building Rules (hereinafter referred as Building Rules for short). The specific allegation is that the sunshade on the southern side of the 3rd respondent is constructed in such a manner that rain water will splash into the petitioner's building causing inconvenience to him. On the basis of Ext.P1 complaint in this regard, the 1st respondent initiated action as contemplated under Section 406 of the Kerala Muncipality Act 1994 (hereinafter referred as the Act for short) against the 3rd respondent and a provisional order along with a show cause notice was issued. Even though Ext.P2 is referred as the show cause notice, copy of Ext.P2 produced in the writ petition









Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top