A neighboring party alleging encroachment must seek remedies properly before appropriate forums, while adherence to building regulations secures the issuance of occupancy certificates.

JUDGMENT

W.P.(C) No.18066 of 2022 is filed challenging Ext.P18 communication, whereby the stop memo issued against the 4^th respondent, who is the petitioner in W.P.(C) No.6773 of 2023, has been vacated, permitting the 4^th respondent to undertake construction activity strictly in accordance with the permit granted.

2. Petitioner in W.P.(C) No.18066 of 2022 submits that she is the neighbouring property owner of the petitioner in W.P.(C) No.6773 of 2023 and the building has been constructed encroaching upon the western side of her property and that the building permit in favour of the 4^th respondent was obtained by misrepresentation and by misleading the Panchayat. Thereupon petitioner submitted Ext.P10 representation requesting to stop the illegal construction. Based on which Ext.P13 show cause notice was issued and pursuant to the same Ext.P14 order was issued stopping the construction undertaken by the 4^th respondent. The grievance raised by the petitioner is that same has been withdrawn by Ext.P18 order. Whereas the contention of the petitioner in W.P.(C) No.6773 of 2023 is that she has undertaken the construction activity strictly in accordance with the permit granted, but Ext.P5 stop memo was issued. Pursuant to the direction issued by this Court in Ext.P6 judgment, the matter was considered and by Ext.P7 communication (which is challenged in W.P.(C) No.18066 of 2022) the stop memo was vacated. Thereafter the petitioner completed the construction and submitted an application for issuance of occupancy certificate, which has been declined as per Ext.P10 for the reason that W.P.(C) No.18066 of 2022 is pending consideration. In Ext.P10, there is a finding to the effect that the building has been constructed strictly in accordance with the provisions of the Kerala Building Rules , 2019.

3. A detailed statement has been filed by the respondent Panchayat. In paragraph 8 of the said statement it is stated that the petitioner in W.P.(C) No.18066 of 2022 has submitted a complaint to the Panchayat on 27.07.2021 and based on the same, a further inspection was conducted by the engineering wing and in the said inspection it was noticed that a portion of the already constructed building on the western side abutting the private road, which was marked in the plan ‘to be demolished’, has only been partially demolished by the 4^th respondent, the petitioner in W.P.(C) No.6773 of 2023. It was also noticed that no entrance has been provided from the Panchayat road to the building as per plan and there were slight differences in the set back measurements between the plan submitted and the actual construction, but states that the same is not in violation of the Building Rules. In the abovesaid circumstances, a communication dated 03.09.2021 was issued to the 4^th respondent, requiring her to cure the defects and that the building should be completed only thereafter. The 4^th respondent has not submitted an application to number the building on completion of construction. On receipt of such an application, the Panchayat would be conducting a further inspection and only if the defects noted in the communication dated 03.09.2021 are cured, the Panchayat would number the building.

4. Learned counsel appearing for the petitioner in W.P(C) No.6773 of 2023 submits that all the defects noted are cured and thereafter on 25.10.2022, an application for issuance of occupancy certificate was submitted by the petitioner, which has now been turned down only for the reason that W.P.(C) No.18066 of 2022 is pending consideration.

5. I have heard the rival contentions on both sides.

If the petitioner in W.P.(C) No.18066 of 2022 has any grievance that the petitioner in W.P.(C) No.6773 of 2023 has encroached upon her land, it is for the petitioner in W.P.(C) No.18066 of 2022 to work out