K.N.Parameswaran Nair vs State Of Kerala on 20 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 3150 of 2003(Y)


1. K.N.PARAMESWARAN NAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. MUNNAR GRAMA PANCHAYAT (SPECIAL GRADE),

                For Petitioner  :SRI.E.SUBRAMANI

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR

 Dated :20/06/2008

 O R D E R
                       K.BALAKRISHNAN NAIR, J.

                     -----------------------------------------
                         O.P. NO. 3150/2003 AND
                         W.P.(C) NOS.23938/2003,
                            10394 & 17761/2004,
                       5797/2005 AND 20963/2007
                     -----------------------------------------

                                 JUDGMENT

The petitioners in these writ petitions challenge the order of the

Munnar Grama Panchayat, declining to grant building permits to them for

modifying/renovating etc., of the existing structures, which are stated to be

within 50 yards of Munnar river. A learned Single Judge of this Court in

W.P.(C) No.551/1995 directed demolition of all such structures situated

within 50 yards of the river. The Division Bench of this Court modified the

said direction and granted substantial reliefs to the affected persons. The

State Government carried the matter in appeal and the Apex Court stayed

the judgment of the Division Bench in W.A.No.448/2001 and connected

cases. During the pendency of the above Writ Appeal, relying on the

judgment of the learned Single Judge, the applications of the petitioners

herein for building permits were rejected. Challenging those orders, these

writ petitions were filed. In most of the cases, constructions were

completed.

2. The Supreme Court, though, initially stayed the judgment of the

OP 3150/03 ETC. 2

Division Bench in the aforementioned Writ Appeal, later the said stay was

modified as maintenance of status quo. In view of the said position, the

Panchayat/Government cannot take any further action against the

petitioners. But, they cannot make any further construction also. Both sides

should maintain status quo. In view of the above development, further

coercive steps pursuant to the impugned orders cannot be taken either by the

Panchayat or other authorities. They have to wait for the outcome of the

decision of the Apex Court and the parties can work out their remedies

based on the order of the Apex Court. Till such time both sides shall

maintain status quo. In some writ petitions, other contentions in support of

the claims of the petitioners have been raised. It is made clear that they are

kept open.

The writ petitions are disposed of as above.

20th June, 2008. K.BALAKRISHNAN NAIR, JUDGE.

Nm/