IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5971 of 2007(J)
1. JOHN MICHAEL, THAIKKOTTATHIL,
... Petitioner
Vs
1. THE PALLIVASAL GRAMA PANCHAYAT,
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE TAHSILDAR DEVIKULAM.
4. THE VILLAGE OFFICER, PALLIVASALA VILLAGE
For Petitioner :SRI.LATHEESH SEBASTIAN
For Respondent :SRI.K.JAJU BABU
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :12/03/2007
O R D E R
PIUS C.KURIAKOSE, J.
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W.P.(C)NO. 5971 of 2007
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Dated this 12th day of March, 2007
JUDGMENT
The grievance, which is voiced by the petitioner, is that
though construction of a Tourist Resort by name Maria Cliff
Resorts was taken up by him on 2 Acres and 25 cents of
property in Resurvey No.15. 165/1-3 of Pallivasal Village on the
basis of a no objection certificate issued by the first respondent
panchayat, respondents 2 and 4 viz. RDO and the Village Officer
respectively are without any reasonable cause interfering with
the construction and preventing him from carrying out the
construction. Even though more than one opportunity was given
to the Government Pleader for seeking instruction from
respondents 2 and 3, she has not been able to get instructions so
far.
2. Heard both sides. Considered the documents placed on
record by the petitioner. I do not find any reason presently as to
why respondents 2 and 4 should interfere in the matter of
WPC No. 5971/2007 2
carrying out of the construction by the petitioner.
I dispose of the writ petition permitting the petitioner to
complete the construction of the Resort by name Maria Resort in
the property which is subject matter of this writ petition.
However, the petitioner will be informed that the construction
will be at his risk and will not stand in the way of the Government
or respondents 2 to 4 initiating any proceedings in future on
valid grounds.
PIUS C.KURIAKOSE
Judge
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