Rashed vs Anil J. Mathew

Type Court Judgment Court Kerala Decided Nov 13, 2020

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Citation: sooperkanoon.com/1812285
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque
Decided On: Nov 13, 2020
Case Number: WP(C)/21981/2020

Parties & Advocates

Appellant / Petitioner

Rashed

Respondent

Anil J. Mathew

Excerpt

.....wp(c).22011/2020, wp(c).21981/2020 ] dated this the 13th day of november 2020 these writ petitions are filed by one rasheed alleging that the party respondents in the respective writ petitions have encroached upon his property by placing the outer unit of the air conditioners. the precise case is that the distance rules were not followed while making the additional constructions by the party respondents.2. the municipality has to consider the complaint of the petitioner and find out whether any construction made in such a waywithout following setback rules. accordingly, the municipality is directed to take up the complaint in accordance with law, after hearing the petitioner and the party respondents and take an appropriate action without any delay, at any rate, within a period of four weeks. these writ petitions are disposed of as above. sd/- a.muhamed mustaque judge pr ..4.. appendix of wp(c) 22011/2020 petitioner's exhibits: exhibit p1 true copy of the property tax receipt dated 05/02/2019.exhibit p2 true copy of the photograph showing exhibit p2(a) true copy of the photograph showing exhibit p2(b) true copy of the photograph showing exhibit p2(c) true copy of the photograph showing exhibit p3 true copy of the notice letter dated exhibit p4 true copy of the letter dated..5.. appendix of wp(c) 21981/2020 petitioner's exhibits: exhibit p1 true copy of the photograph showing the intrustion of air conditioning outer unit of the 1st respondent. exhibit p2 true copy of the representation dated 09.06.2020 exhibit p3 true copy of the hearing notice dated 07.08.2020.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942 WP(C).No.22011 OF 2020(B) PETITIONER: RASHEED, AGED 46 YEARS, S/O. MUHAMMED HANEEFA, PUTHUPARAMBIL HOUSE, CHIRANCHIRA P O, CHETHIPUZHA VILLAGE, CHENGANCHERRY TALUK, KOTTAYAM DISTRICT, PIN - 686 106. BY ADV. SMT.R.REMA RESPONDENTS:
1 SHANAVAS BASHEER, AGED 48 YEARS S/O. BASHEER AHMED, SHAH COTTAGE, PANACHIKAVU, PERUNNA PO, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, PIN - 686 102. 2 CHANGANACHERRY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHANGANACHERRY P.O, KOTTAYAM DISTRICT, PIN - 686 101. 3 THE SECRETARY, CHANGANACHERRY MUNICIPALITY, CHANGANACHERRY P.O, KOTTAYAM DISTRICT, PIN - 686101. R2-3 BY ADV. SRI.M.P.MADHAVANKUTTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.11.2020, ALONG WITH WP(C).21981/2020(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942 WP(C).No.21981 OF 2020(W) PETITIONER: RASHED, AGED 46 YEARS, S/O.MUHAMMED HANEEFA,PUTHUPARAMBIL HOUSE,CHIRANCHIRA.P.O, CHETHIPUZHA VILLAGE,CHANGANACHERRY TALUK, KOTTAYAM DISTRICT,PIN-686 106. BY ADV. SMT.R.REMA RESPONDENTS:
1 ANIL J. MATHEW, AGED 50 YEARS, S/O.MATHEW, VANIYAPURACKAL HOUSE, VAZHAPALLY EAST.P.O, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT,PIN- 686103. 2 CHANGANACHERRY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHANGANACHERRY.P.O, KOTTAYAM, PIN-686101. 3 SECRETARY,CHANGANACHERRY MUNICIPALITY, CHANAGANACHERRY.P.O KOTTAYAM,PIN-686101. R2-3 BY SHRI.M.P.MADHAVANKUTTY, SC, CHANGANACHERRY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.11.2020, ALONG WITH WP(C).22011/2020(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..

JUDGMENT

[ WP(C).22011/2020, WP(C).21981/2020 ] Dated this the 13th day of November 2020 These writ petitions are filed by one Rasheed alleging that the party respondents in the respective writ petitions have encroached upon his property by placing the outer unit of the air conditioners. The precise case is that the distance rules were not followed while making the additional constructions by the party respondents.

2. The Municipality has to consider the complaint of the petitioner and find out whether any construction made in such a way

without following setback rules. Accordingly, the Municipality is directed to take up the complaint in accordance with law, after hearing the petitioner and the party respondents and take an appropriate action without any delay, at any rate, within a period of four weeks. These writ petitions are disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE PR ..4.. APPENDIX OF WP(C) 22011/2020 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 05/02/2019.

EXHIBIT P2              TRUE COPY OF THE PHOTOGRAPH SHOWING
EXHIBIT P2(A)           TRUE COPY OF THE PHOTOGRAPH SHOWING
EXHIBIT P2(B)           TRUE COPY OF THE PHOTOGRAPH SHOWING
EXHIBIT P2(C)           TRUE COPY OF THE PHOTOGRAPH SHOWING
EXHIBIT P3              TRUE COPY OF THE NOTICE LETTER DATED
EXHIBIT P4              TRUE COPY OF THE LETTER DATED

..5.. APPENDIX OF WP(C) 21981/2020 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPH SHOWING THE INTRUSTION OF AIR CONDITIONING OUTER UNIT OF THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 09.06.2020 EXHIBIT P3 TRUE COPY OF THE HEARING NOTICE DATED 07.08.2020.

Same Court & Year Kerala · 2020 Same Parties Rashed vs Anil J. Mathew Same Judge Honourable Mr. Justice a.Muhamed Mustaque