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2021 Supreme(Ker) 210

P.B.SURESH KUMAR
Biju Kuriakose – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.SAIBY JOSE KIDANGOOR, SRI.BENNY ANTONY PAREL, SMT.S.SIBHA, KUM.PARVATHY VIJAYAN, SHRI.ANOOP SEBASTIAN, SMT.DEEPA VALENTINE LESLIE
For the Respondent: SUMA JAYAN @ SUMATHI.R, SHRI.K.JANARDHANA SHENOY, SRI.ENOCH DAVID SIMON JOEL, SHRI.CIMIL CHERIAN KOTTALIL, SRI.S.SREEDEV, SRI.RONY JOSE, SMT.DEEPA VALENTINE LESLIE

JUDGMENT :

Petitioners are residing in the villas constructed in a residential complex consisting of an apartment and 23 villas. The villa adjacent to the villa occupied by the first petitioner belongs to the third respondent. The villas in the residential complex were constructed identically by the developer on the same level of the land and later sold to various persons. During October 2020, the third respondent started raising the floor level of the building owned by him. The petitioners then lodged Exts.P1 and P1(a) complaints before the second respondent Corporation alleging that the work undertaken by the third respondent is likely to cause damage to the adjacent villas and the abutting road. Thereupon, the petitioners instituted W.P.(C) No.23352 of 2020 before this Court alleging that the complaints aforesaid are not being attended to by the officials of the Corporation. The said writ petition was disposed of by this Court in terms of Ext.P3 judgment directing the Corporation to consider and take appropriate action on the complaints preferred by the petitioners with notice to the petitioners and the third respondent. On 27.11.2020, the petitioners were issued a notice by the

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