This writ petition has been filed by a Residents' Association seeking for the following directions:
"A. To issue appropriate writ or direction to the 2nd respondent for effectively preventing use of residential unit in plot No.12 of the 5th respondent from carrying on any commercial activities therein.
B. To issue appropriate writ or direction to enforce the order passed by the 2nd respondent under the Kerala Building Rules 1999 on 1006/2016 and also to further direct the respondent to restore the association road to its original width by removing the encroachment committed by the 5th respondent.
C. To direct the 2nd respondent to remove the unlawful encroachments made by the 5th respondent and also to direct the housing Board (4th respondent) to take all steps as provided under law to ensure compliance of the conditions of allotment."
W.P.C.No.32346/2016 2
2. Apparently, the complaint of the petitioner is with reference to certain unauthorised construction being made by the 5th respondent. It is stated that there are 23 number of residential units within the Pattom Vrindavan Garden site B Residents' Association which is a gated community accessed by a single road developed and allotted to the residents' exclusive use. The 5th respondent is one of the plot owners. The allotment has been made by the Housing Board clearly indicating that the building can be used only for residential purpose. The Rules and by laws of the society also mandates that the allottee shall use the house and its premises only for residential purposes.
3. The complaint of the petitioner is that though the 5th respondent had been utilising the plot for non-residential purpose, no action has been taken by the Corporation. They have submitted Ext.P7 representation to the Corporation and thereafter the Corporation has issued direction to the 5th respondent to demolish unauthorised construction as per Ext.P8 order. Thereafter no further action had been taken in the matter. Petitioner again filed a representation to the Minister for Local Administration. Since nothing has happened, the petitioner has W.P.C.No.32346/2016 3 approached this Court. In so far as the Corporation has already issued necessary notice in the form of Ex.P8, final orders are to be passed by the Corporation after hearing all the affected parties including the petitioner and the 5th respondent.
Having regard to the aforesaid factual situation, I am of the view that this writ petition can be disposed of as under:
The 2nd respondent shall pass appropriate orders with reference to Ext.P8 notice within a period of two months from the date of receipt of a copy of this judgment, after hearing all the affected parties including the petitioner and the 5th respondent.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr