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2022 Supreme(Online)(KER) 3040

HIGH COURT OF KERALA
,
WING .CDR. PRADEEP HUGH MASCARENHAS – Appellant
Versus
CORPORATION OF THIRUVANANTHAPURAM – Respondent


JUDGMENT

K.Vinod Chandran, J.

The genesis of the proceedings initiated by the respondent-Corporation, is a complaint filed against the residential building of the appellant, by the 2nd respondent, who is his neighbour. The complainant alleged that there is no sufficient set back to the building on its eastern side, on which boundary, the 1st respondent has her residence. The sunshade of the appellant's house, on the eastern side, also projects over the retaining/compound wall of the 2nd respondent. The Corporation, after inspection, issued Ext.P2 notice and after considering the objections, issued Ext.P3 final order.

2. The impugned order of the Corporation, produced at Ext.P2, finds 70 cms open space on the south-western corner and 1.25 meter on the south- eastern corner. The sunshade is said to be projecting 65 cms into the open space. Ext.P2 also raised two further objections with respect to the construction in the property of the appellant. Ext.P2 finds that, on the eastern side an additional construction of pipes and sheets was erected with toilet and work area having 6-meter length and 1.6-meter width. This violates the set off mandated under R.24(4) for rear side, which is 1.5

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