IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15656 of 2006(L)
1. ANISH RAHIM, S/O. ABDUL RAHIM,
... Petitioner
Vs
1. SECRETARY,
... Respondent
2. PAIPPAD GRAMA PANCHAYATH,
3. SECRETARY,
4. SUPERINTENDENT,
For Petitioner :SRI.P.A.MOHAMMED SHAH
For Respondent :SRI.VARGHESE C.KURIAKOSE
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :06/03/2009
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.15656 OF 2006
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Dated this the 6th day of March, 2009
JUDGMENT
The issue involved in this writ petition is a dispute regarding
the validity of a construction made by the petitioner. The
impugned orders have been passed based on a certificate issued
by the Survey Authority. Now the petitioner submits that against
that order, the petitioner had filed Ext.P9 before the
Superintendent of Survey, who has now issued Ext.P14
subsequent to the passing of the impugned orders. But Ext.P14
could not be considered and orders passed in view of the
pendency of this writ petition. The Panchayat has also issued
Ext.P16, wherein the Secretary has been authorised to take
appropriate steps in accordance with the orders of this Court.
2. I am of opinion that now that Ext.P14 has been issued
by the District Superintendent of Survey and Land Records,
Kottayam, regarding the land and the construction made thereon,
the Secretary of the Panchayat shall consider Ext.P15 in the light
W.P.(c)No.15656/06 2
of Ext.P14 and pass appropriate orders after hearing all parties
concerned. There would be an order to that effect which shall
be passed as expeditiously as possible, at any rate, within a
period of one month from the date of receipt of a copy of this
judgment.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.15656/06 3
