Manjula Chellur, C.J.
Petitioners are before this Court contending that the proposed construction of a multi storied building for ADR (Alternative Dispute Redressal) Centre within Tellichery Civil Court compound on the northern and western corner of the compound is against the Building Rules.
2. According to petitioners, the area is highly prone for accidents and when permit was sought by first respondent for construction of a building very close to the corner, the petitioners and several public spirited persons approached the first respondent and requested him to keep sufficient distance from the National Highway which will allow sufficient space to the on going vehicles. In tune with the provisions of Building Rules, the third respondent issued permit without keeping sufficient space, therefore petitioners are before this Court. Present petition is in the nature of Public Interest Litigation.
3. The grievance of the petitioners is that the north western corner is like a curve and not exactly a corner. Though there is a divider on the road at the north, between the divider and compound wall of the Court, distance is less than 5 meters, therefore when heavy vehicles negotiate the corner, there is not an inch of space for the pedestrians.
4. Petitioners are kind enough to place on record photographs apart from a sketch and the sanctioned plan. From the photographs what we notice is already there is a compound wall in the Civil Court complex and the proposed construction is within the compound wall and not beyond the compound wall. If the proposal is to demolish the compound wall and put up construction on the curved corner, there is some force in the allegations made by the petitioners. Even otherwise, it is a double line road, therefore question of vehicles coming in the opposite direction on one line would not arise. It is shown at Exts.P5 and P6 that the compound wall is in existence from the beginning. If pedestrians do not have any objection till date, we fail to understand how the petitioners alone can object. Ext.P1 building permit clearly indicates sufficient care is taken to see that no building is put up at the exact curved corner in question.
5. If at all any Building Rule is violated, statutory appeal is provided under Rule 160 of the Kerala Municipality Building Rules, 1999. Therefore, we are of the opinion, there is no case where the matter can be considered as Public Interest Litigation touching the public at large.
With the above observations, we dispose of the Writ Petition.
Manjula Chellur, Chief Justice.
P.R. Ramachandra Menon, Judge.
ttb/27/05