Court mandated municipal authority to verify and address unauthorized constructions under Kerala Municipality Act, ensuring compliance with the law.

JUDGMENT

The petitioner has approached this Court seeking a direction to respondents 1 and 2 to take necessary action to demolish the illegal and unauthorised construction of the 3^rd respondent made in violation of the Kerala Municipality Act and Building Rules as noticed in Ext.P5 order dated

03.03.2020.

2. A perusal of Ext.P5 would reveal that a provisional order has already been issued to the 3^rd respondent to remove the unauthorised construction. The grievance raised by the petitioner is that no further action pursuant to the provisional order has been taken by the respondent-

Municipality.

3. The learned Counsel for the respondent-Municipality submits that after the issuance of the provisional order, the 3^rd respondent has removed all the encroachments. However, the learned Counsel for the petitioner refuted the said submission and submits that the encroachments are still existing in the property.

Taking into consideration the above facts and circumstances, this writ petition is disposed of as follows:

(i) Respondents 1 and 2 shall conduct an inspection in the subject property with notice to the petitioner and the 3^rd respondent and verify whether the unauthorised constructions have been removed as directed in the provisional order.

(ii) If the removal of construction is not done, further action shall taken to remove the same in accordance with law.

(iii) The proceedings as above shall be finalised within an outer limit of one month from the date of receipt of a certified copy of this judgment.

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