HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION Nos. 20277 and 28473 of 2023

COMMON ORDER

W.P.No.20277 of 2023 is filed seeking to declare the action of respondent No.5 in not considering the representation of the petitioner dated 19.04.2023 and not taking necessary action against the illegal construction of respondent No.6 in the common area between the petitioner’s house and the house of respondent No.6 as illegal and arbitrary and consequently to direct the respondent authorities to stop the said illegal construction of respondent No.6 and also dismantle the raised structures and to pass such other order or orders.

2. W.P.No.28473 of 2023 is filed seeking to declare the impugned notice dated 04.01.2023 wherein the petitioner was directed to remove the compound wall without giving notice and opportunity to the petitioner as illegal and arbitrary and consequently to set aside the same and to pass such other order or orders.

3. Petitioners in both the writ petitions are neighbors and the issue is with regard to the compound wall between their two properties. Therefore, both the writ petitions are heard together and disposed of by this common order.

4. Petitioner in W.P.No.20277 of 2023 is respondent No.6 in W.P.No.28473 of 2023 and petitioner in No.28473 of 2023 is respondent No.6 in W.P.No.20277 of 2023. It is the allegation of the petitioner in W.P.No.20277 of 2023 that respondent No.6/petitioner in W.P.No.28473 of 2023 has erected 25 feet asbestos sheets between their properties blocking the light and ventilation of the petitioner’s property illegally.

5. Respondent No.5 has filed counter affidavit and additional counter affidavit stating that the petitioners in both the writ petitions have encroached the common area between their properties and have built their houses and in view of their personal grudges, the petitioner in W.P.No.28473 of 2023 has erected asbestos compound wall (tin sheets) in between their properties. It is also stated that the compound wall is not permitted by the respondent authorities.

6. After hearing all the parties, this Court deems it fit and proper to direct the respondent No.6/petitioner in W.P.No.28473 of 2023 to remove asbestos sheet compound wall erected by him between their properties within a period of one week from the date of receipt of a copy of this order and thereafter, respondent No.4 is directed to measure the common area between the properties and demarcate the midway, where both the petitioners may construct the compound wall if they so choose. If the compound wall is built, both the petitioners shall share the expenditure equally. It is also made clear that the compound wall shall not be more than three feet in height. The entire exercise shall be completed within a period of one (01) month from the date of receipt of a copy of this order.

7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

_____________________________ JUSTICE T. MADHAVI DEVI Date: 29.10.2024 Note: Furnish C.C. by 04.11.2024 (B/o.)

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