High Court Kerala High Court

P.A.Aliyar vs State Of Kerala on 17 November, 2008

Kerala High Court
P.A.Aliyar vs State Of Kerala on 17 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33766 of 2008(S)


1. P.A.ALIYAR, S/O.LATE ABOOBACKER,
                      ...  Petitioner
2. P.S.SHAJI, S/O.SULAIMAN, AGED 34

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE SECRETARY, THRIKKAKARA GRAMA

4. K.S.SUBHASH, KIZHAKKEPARAMBIL HOUSE,

5. M/S.ABAD BUILDERS, C/O.HOTEL ABAD

                For Petitioner  :SRI.SHAJI P.CHALY

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :17/11/2008

 O R D E R
                 H.L.DATTU, C.J. & A.K.BASHEER, J.
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                         W.P.(C).No. 33766 OF 2008
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                 Dated this the 17th day of November 2008

                                    JUDGMENT

A.K.BASHEER, J.

Petitioners who are stated to be permanent residents of Thrikkakara

in Ernakulam District have preferred this Writ Petition alleging illegal

construction of a building by respondents 4 and 5 at Thrikkakara.

According to the petitioners, respondents 4 and 5 are still continuing the

illegal construction, in spite of Ext.P5 communication issued by the

Thrikkakara Grama Panchayat informing those respondents that they

could continue the constructions only after they produce documents to

show that they have not trespassed into the public road included under the

Periyar Valley Scheme.

2. Learned counsel for the petitioners would contend that the

Secretary of the Panchayat is statutorily bound to ensure that any such

illegal activity is prevented. It is further contended that in spite of

issuance of Ext.P5, no follow up action was taken by the Secretary to stop

the illegal construction.

In our view, the contentions raised by the petitioners cannot be

entertained at this stage. If for any reason the petitioners are of the view

WP(C)No.33766 of 2008
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that 3rd respondent is failing in his duty, the said fact ought to be brought to the

notice of the superior authorities. We, therefore, refuse to entertain this Writ

Petition at this stage. Accordingly it is dismissed.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE

ttb