The court affirmed the need for statutory compliance in construction activities, emphasizing timely action on complaints of unauthorized works.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"I. Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the 1^st Respondent to prevent the illegal construction/alteration carried out by the 3^rd and 4^th Respondent without approved plan and for permit in Apartment No.20B of the Mather Green Hills Apartment, Kakkanad in accordance with the Kerala Municipality Act & Rules.

II. Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the 1^st Respondent to take all actions to restore the north western external structural wall of Apartment No. 20B on the 20^th Green Hills Apartment, Kakkanad to the originally approved plan and permit forthwith by the 3^rd & 4^th respondent.

III. Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the 1^st Respondent to consider exhibit P3 complaint and to take appropriate action in accordance with law as expeditiously as possible, within a reasonable time limit fixed by this Hon’ble Court and to stop all illegal construction/alteration work undertaken by the 3^rd & 4^th respondent, without an approved plan and permit in Apartment No. 20B on the 20th floor of the Mather Green Hills Apartment, Kakkanad, pending consideration of the same.

IV. Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the 2^nd Respondent to prevent the illegal construction/alteration work undertaken by the 3^rd & 4^th respondent.

V. Dispense with filing of the translation of vernacular documents.

VI. Issue any other appropriate writ, order or direction as this Honorable Court may deem fit on the facts and in the circumstances of the case VII. And allow this petition with all costs."

[SIC]

2. Petitioner is the association of the owners of Mather Green Hills Apartments at Kakkanad. The petitioner association is aggrieved because of an alleged unauthorised construction made by respondents 3 and 4. The petitioner produced Ext.P2 photographs to show that a portion of the exterior wall of the building is demolished for constructing a window. According to the petitioner, the same amounts to the violation of the Building Rules. The crux of the contention is that, without getting any permit from the statutory authorities, the construction is made.

Hence, this Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Municipality, the learned Government Pleader and the learned counsel appearing for respondents 3 and 4.

4. When this Writ Petition came up for consideration before this Court on 19.06.2025, this Court passed an interim order to enforce the stop memo. The counsel appearing for the party respondents submitted that the objection to the stop memo has already been filed and that the matter is pending before the Municipality. The counsel appearing for the petitioner submitted that the petitioner has already filed Ext.P11 complaint before the additional 6^th respondent and that he will be satis direction is issued to consider Ext.P11 with notice to the petitioner. I think that prayer can be allowed. Till final orders are passed by the additional 6^th respondent, the status quo as on today can be maintained.

Therefore, this Writ Petition is disposed of in the following manner:

1. The additional 6^th respondent is directed to consider and pass appropriate orders in Ext.P11 after giving sufficient opportunity of hearing to the petitioner and respondents 3 and 4, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this judgment.

2. All the contentions raised by the petitioner and the party respondents are left open, and they are free to agitate the same before the additional 6^th respondent.

3. Till final orders are passed as