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Judgment
Devan Ramachandran,J.
Smt.Uma Murthi – the appellant appearing in person, alleges that the learned Single Judge has erred in disallowing her request for appointment of an Advocate Commissioner to ascertain the damage caused on account of the offending structure being constructed by the party respondents.
However, we notice from the impugned order that the learned Single Judge has rightly found that under Rule 10 (12) of the Kerala Municipality Building Rules (KMBR), a Technical Expert Committee is statutorily vested with the authority to verify and report about these aspects; and therefore, do not deem it necessary or apposite to intervene with the said order.
That said, we are cognizant that the apprehension of Smt.Uma Murthi – petitioner appearing in person, is that there are certain issues which only herself, or an engineer of her choice, can point out to the Technical Expert Committee.
Sri.Binoy Vasudevan – learned Standing Counsel appearing for the Municipality, in response, submitted that the petitioner has already been offered the opportunity to be present when the Technical Expert Committee does its inspection on 06.05.2022 and this is affirmed by the learned counsel for the party respondents also.
We, therefore, are of the firm view that though this appeal cannot be entertained or allowed by this Court, it will be just and proper that the petitioner be allowed to be assisted by an Engineer of her choice; however, making it clear that the said person cannot in any manner intervene with the investigation or enquiry by the Statutory Committee, but can only assist the petitioner, who can then put forth all her suggestions before the said Committee.
We make it clear that if the petitioner makes any such suggestions, assisted by the person of her choice, the same shall be reflected in the final report of the Committee, so that it can then be taken into account by the learned Judge, while the writ petition is disposed of.
Needless to say, all the other contentions of the parties are left open, without being considered in any manner in this Appeal.