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2017 Supreme(Online)(KER) 1808
HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, J
BEEVIKANNU – Appellant
Versus
BASHEER – Respondent
WRIT PETITION (CIVIL) 10591/2016
Authorities must act against unauthorized constructions to protect property rights.
Headnote:
Construction - Ownership - Local Authority Regulations - Sections on Unauthorized Construction - The court emphasized the authority's responsibility to act against unauthorized construction, upholding the rights of property owners by confirming a stop order against the respondent's activities.
Fact of the Case:
The petitioner, a senior citizen, owns properties in Vizhinjam Village and seeks to stop unauthorized construction by a nearby resident. The petitioner requests the court to direct local authorities to intervene and demolish the unauthorized structures.
Finding of the Court:
The court recognized that local authorities issued a stop memo against the respondent's construction. The authorities are taking proper steps to ensure compliance and prevent further unauthorized work, effectively addressing the petitioner's concerns.
Issues: Whether the respondent's construction is unauthorized and if the local authorities are properly addressing the situation.
Ratio Decidendi: The court determined that upon acknowledgment of the unauthorized construction and subsequent actions by local authorities to halt further activity, the petitioner's grievances were adequately addressed.
Final Decision: The writ petition is closed as the petitioner’s grievance is redressed.
JUDGMENT
The petitioner, who is a senior citizen aged 70 years, and is in absolute ownership and possession of 16 cents and 29 cents of properties in Vizhinjam Village, Neyyattinkara Taluk, Thiruvananthapuram, has approached this Court aggrieved by the construction activities carried on by the additional 4th respondent, who is stated to be residing near to the property of the petitioner. The prayer in the writ petition is essentially for a direction to the 2nd respondent, Secretary of the 1st respondent Corporation, to take appropriate steps to stop the unauthorized construction allegedly being carried on by the additional 4th respondent. There is a further prayer to direct the 2nd respondent to initiate action under law for demolishing the unauthorized construction carried on by the 4th respondent. When the matter was taken up for orders today, it is submitted by the learned Senior Counsel appearing for respondents 1 and 2 that, a stop memo has already been issued to the additional 4th respondent directing her to stop the construction activities, and the activities in the area will be monitored for the purposes of ensuring that further unauthorized construction is not carried out by the additional 4th respondent. It is also submitted that the respondent Corporation, having found that the construction is unauthorized, is taking steps to proceed further in the matter, by issuing an appropriate provisional order and thereafter a final order, after hearing the additional 4th respondent. Taking note of the said submission of the learned Senior Counsel appearing for respondents 1and 2, and finding that the grievance of the petitioner in the writ petition stands redressed, the writ petition is closed.
