J U D G M E N T

The petitioner challenges condition No.1 imposed while granting Ext.P4 building permit issued by the 2nd respondent for the construction of a compound wall. As per the said condition, the construction of the compound wall has to be at a distance of 1 foot from the inner side of the culvert/drain. The petitioner claims ownership over the property through which the drain is situated.

2. It is also stated that the width of the drain will not be altered and the flow of water will be unhindered due to the construction of the compound wall. The petitioner is also prepared to abide by conditions Nos. 2 and 3 in Ext.P4 building permit. He asserts that the construction of the compound wall is completely inside his property, and the adjacent owners also constructed the compound wall over the drain without providing any facility for cleaning the drain. The petitioner undertakes that he intends to construct the foundation by laying an 8-inch width beam horizontally with a length of 3.70 meters over the embankment abutting the road and to construct the foundation upon it thereby leaving a gap of 90 cm. It is also stated that the gap of the drain at its topside will be filled up w