IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18934 of 2008(D)
1. CHAVAKKAD TALUK RURAL HOUSING
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
2. THE PRESIDENT
3. PAVARATTY GRAMA PANCHAYATH,
For Petitioner :SRI.B.S.SWATHY KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :24/06/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 18934 OF 2008 - D
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Dated this the 24th June 2008
J U D G M E N T
Petitioner submits that on the strength of a building permit
that was issued by the respondent Panchayat, they had commenced
construction of a multi-storied building. While so, by Ext. P3 the
building permit was temporarily cancelled and the petitioner was
called upon to appear for a personal hearing, by Ext. P5 notice.
Petitioner submits that in response to Ext.P5, petitioner appeared
before the Secretary and was heard on 28.1.2008 in the matter. It is
complained that despite the hearing that has taken place on
28.1.2008 and the convincing explanation that was furnished by
them, orders have not been passed. It is complaining of delay in
passing the orders as above the writ petition has been filed.
2. It is argued that in response to Ext. P5 petitioner appeared
and was heard by the Secretary on 28.1.2008. If it so it was
incumbent on the part of the Secretary to pass orders without delay.
W.P.(C) No. 18934 OF 2008
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This is all the more so, for the reason that the permit that was
issued by the Panchayat has been temporarily cancelled and that
has led to a situation that the construction work remains
suspended. In view of this, I direct that the respondent Panchayat
shall pass orders in pursuance to Ext. P5 for which the petitioner
was heard on 28.1.2008. Orders as above shall be passed as
expeditiously as possible, at any rate within 3 weeks of production
of a copy of this judgment.
3. Writ petition is disposed of as above.
Petitioner shall produce a copy of this judgment before the
respondent Panchayat for compliance.
ANTONY DOMINIC
JUDGE
jan/-