IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26823 of 2010(C)
1. JOHN K.MATHEW
... Petitioner
Vs
1. SECRETARY,NIRANAM PANCHAYAT
... Respondent
For Petitioner :SMT.P.K.RADHIKA
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :20/08/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No.26823 of 2010-C
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Dated this the 20th day of August, 2010.
JUDGMENT
The petitioner is a non resident Indian who own 36 cents of land
including a residential building in Niramam Panchayat which he got as per
a partition deed executed in the year 1996. His brother has got 64 cents of
land. The brother is residing in Bangalore. The grievance raised in the writ
petition is that the Panchayat is trying to get the property of his brother to
provide a colony under the EMS housing scheme. It is mentioned in the
writ petition that the same will put inconvenience to the petitioner. It is
also pointed out that there is no motorable road leading to the site in
question and taking advantage of the absence of the petitioner in the
locality, the petitioner’s property will be used for transporting the materials
also. It is also one of the apprehension of the petitioner that the access to
his property also will be tampered with if the colony is established in the
near vicinity. According to the petitioner, since he is away in Gulf
countries, his absence will be utilised to execute the various works. It is
prayed that the Panchayat may be directed to consider Ext.P1 request.
2. There will be a direction to the Panchayat to consider Ext.P1
wpc 26823/2010 2
request and pass appropriate orders in accordance with law, and
communicate the decision to the petitioner within a period of one month
from the date of receipt of a copy of this judgment. I am not expressing
anything on the merits of the matter, since it is up to the Panchayat to
consider all aspects raised by the petitioner. The petitioner will produce a
copy of the writ petition along with a copy of this judgment before the
Panchayat for compliance.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/