K. Susamma Zechariah vs Corporation Of Cochin Ernakulam

Anu Sivaraman, J

This writ petition is filed seeking the following reliefs:-

a. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to forthwith take action against the unauthorized and illegal construction carried out by the 3rd respondent.

b. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass orders on Exhibit P5 complaint submitted by the petitioners, within a time limit to be stipulated by this Hon'ble Court.

Heard the learned counsel for the petitioners and Adv. Sri. D.G. Vipin, the learned Standing Counsel appearing for respondents 1 and 2. Notice to the 3rd respondent is dispensed with in view of the directions being issued.

Petitioners who are senior citizens contend that they are aggrieved by the unauthorised construction of truss work of a godown next to their residence by the 3rd respondent. It is submitted that the truss work has been done right up to the boundary wall of the property and that the sheets have been placed in such a manner that the entire rain water is falling into the property of the petitioners. It is submitted that the petitioners are put to untold misery due to the actions of the 3rd respondent. Exhibit P5 complaint has been preferred by the petitioners before the 2nd respondent seeking immediate consideration of the same.

Having considered the contentions advanced, I am of the opinion that since the complaint raised is of an emergent nature and in view of the facts stated in the representation, the said request is liable to be considered at the earliest.

In the above view of the matter, there will be a direction to the 2nd respondent to take up Exhibit P5 representation and to consider and pass orders on the same, taking note of the photographs of produced by the petitioners as well. Appropriate steps shall be taken after hearing the 3rd respondent as well, within a period of ten days from the date of receipt of a copy of this judgment.

The writ petition is ordered accordingly.