In Shibu and Ors. vs. Sreekumaran and Ors. [MANU/KE/2644/2022, the High Court of Kerala examined whether the civil court had jurisdiction over a suit for a mandatory injunction to demolish a building allegedly constructed in violation of municipal rules and obstructing natural light and air.
The defendants argued that the civil court’s jurisdiction was impliedly barred by the Kerala Municipality Act, which provides an alternative remedy.
However, the High Court, relying on precedents like Kamala Mills Ltd. v. State of Bombay [AIR 1965 SC 1942], held that while the Tribunal for Local Self Government Institutions could address building rule violations, it could not adjudicate on the obstruction of natural rights.
Therefore, the High Court of Kerala affirmed that the civil court has jurisdiction in matters other than building rules, which are specifically barred by law.
