IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6798 of 2007(H)
1. BOUTIQUE HOTELS INDIA LTD.,
... Petitioner
Vs
1. UDAYAMPEROOR GRAMA PANCHAYAT,
... Respondent
2. SPECIAL GRADE SECRETARY,
For Petitioner :SRI.M.L.SAJEEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :28/02/2007
O R D E R
PIUS C. KURIAKOSE,J.
- - - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C)No.6798 of 2007
- - - - - - - - - - - - - - - - - - - - - - - - -
Dated: 28th February, 2007
JUDGMENT
I do not propose to go into the merits of the matter. This court
granted police protection to the petitioner and its sister concern under
Exts.P1 and P2 for filling up paddy fields within the area of the 1st
respondent-Panchayat on the strength of the permits issued under
the Kerala Land Utilization Order way back in 1982. The petitioner
submits that substantial portions of the paddy fields have already
been filled up and have now been converted as coconut plantation.
But a portion of the paddy fields remains to be filled up. The
petitioner has now been issued with Ext.P3 order by the Panchayat
restraining the petitioner from using the Panchayat road for
transportation of sand which is necessary for completing the filling
work. To Ext.P3 the petitioner has submitted Ext.P4 reply to the
Panchayat. One of the grievances voiced by the petitioner is that the
Panchayat is not taking a decision on Ext.P4.
2. Having regard to the grounds raised and the submissions of
Mr.M.L.Sajeev, learned counsel for the petitioner, this Writ Petition
will stand disposed of with the following directions:
The respondents will consider Ext.P4, hear the petitioner and
take a final decision in the matter covered by Ext.P3 notice at their
W.P.C.No.6798/07 – 2 –
earliest and at any rate within three weeks of receiving a copy of this
judgment. Once decision is taken, the petitioner will be informed of
the same.
srd PIUS C.KURIAKOSE, JUDGE