JUDGMENT

The petitioners and the 2nd respondent are neighbours. The

2nd respondent who is the owner in possession of the property on the eastern side of the first petitioner's property started constructing a double storeyed residential building thereon. Admittedly, the petitioners have instituted O.S.No.864 of 2013 before the Munsiff's Court, Nedumangadu against the 2nd respondent seeking a permanent injunction restraining him from effecting permanent constructions over and close to the boundary wall separating their properties and also for a mandatory injunction for removing the unlawful constructions already made. In the said suit they moved I.A.No.4151 of 2013 and that I.A. was dismissed with the observation that in case of any grievance of violation of the Kerala Municipality Building Rules it would be open to the petitioners to approach the concerned Local Self Government Institution. Accordingly, the petitioners preferred Ext.P1 complaint before the first respondent seeking initiation of appropriate steps to demolish the unauthorized construction effected by the 2nd respondent. Inaction on Ext.P1 made the petitioners to come up before this Court by filing W.P.(C)No.3942 of 2014