IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9034 of 2009(Y)
1. K.P.ABDU,AGED 56 YEARS,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
2. EDAPPAL GRAMA PANCHAYAT,
3. ABDU,KAVUPADATHU,
4. MOIDEEN,CHAKKAMPULLI,
5. KANNAYIL BAVA,CHAKKAMPULLI,
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :25/05/2009
O R D E R
THOTTATHIL B RADHAKRISHNAN, J
...........................................
WP(C).NO. 9034 OF 2009
............................................
DATED THIS THE 25th DAY OF MAY, 2009
JUDGMENT
Respondents 1 to 3 served. None appears. Notice to
respondents 4 and 5 not returned. Service on those respondents
is dispensed with preserving their right to move for review of this
judgment, if aggrieved.
2. The petitioner has made Ext.P2 application for permit to
build a compound wall. He says that such a compound wall has to
be immediately erected since respondents 3 to 5 are attempting
to erase a part of the property belonging to the petitioner. If
there is any dispute between the petitioner and the respondents
3 to 5, touching the identity of the property, that is a matter to
be resolved before the competent civil court. Ext.P2 being an
application made in terms of the statute, respondents 1 and 2 are
duty bound to consider the same and issue decision thereon in
accordance with law. If the application is found to be in order,
the permit has to be issued. Therefore, without expressing
anything on merits, this writ petition is ordered directing that the
WP(C) 9034/2009 2
competent among the respondents 1 and 2 will take up Ext.P2
and decide thereon finally within a period of three weeks from the
date of receipt of a copy of this judgment. All other issues are left
open.
THOTTATHIL B RADHAKRISHNAN,
JUDGE
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