K.Radhamoni vs Ranni Perunad Gram Panchayath on 18 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27058 of 2008(U)


1. K.RADHAMONI, AGED 65 YEARS,
                      ...  Petitioner

                        Vs



1. RANNI PERUNAD GRAM PANCHAYATH ,
                       ...       Respondent

2. P.S.MOHANAN, TALUK SECRETARY CPI (M),

3. HARI DAS, DISTRICT COMMITTEE MEMBER

                For Petitioner  :SRI.TOM JOSE (PADINJAREKARA)

                For Respondent  :DR.K.P.SATHEESAN

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :18/06/2009

 O R D E R
                                   S.SIRI JAGAN
                                -----------------------------
                                WP(C) No.27058 of 2008
                                ---------------------------------
                         Dated this the 18th day of June, 2009



                                     JUDGMENT

The petitioner obtained Ext.P2 – permit from the 1st

respondent, for construction of a compound wall and gate abutting a

public road. Subsequently, allegedly motivated by extraneous

considerations the 1st respondent issued Ext.P6 stop memo on the

ground that complaints have been received that the construction is

encroaching into the public road. The petitioner is challenging Ext.P6

order. According to the petitioner P6 order is passed at the instance of

the 2nd & 3rd respondents, who are the office bearers of the Taluk

Committee of the leading ruling political party in the state. The

petitioner therefore seeks the following reliefs:

” i) issue a writ of Certiorari or other writ or order or direction
to quash the Ext.P6 suspension order of Ext.P1 permit issued
by the 1st respondent.

ii) To declare that the petitioner is entitled to construct the
compound wall as per Ext.P1 Permit & approved plan.

iii) To call for the records from the 1st Respondents pertaining
to the complaints

iv) Grand such other relief as this Hon’ble Court deems fit and
proper.”

2. When the matter was taken up today, the counsel for the

Panchayath hands over to me a communication received from the Panchayath, Ranni,

Perunad effect that as per the request of the Panchayath the property of the petitioner

has been surveyed by the survey authorities and the boundaries have been fixed as per

Rules. The same shows that the construction is not encroaching into the road. In

W.P.C.No.27058 of 2008

2

the above circumstances, the counsel for the 1st respondent

Panchayath submits that there is no objection in the petitioner

continuing construction in accordance with Ext.P1 permit. This is

recorded and the writ petition is closed.

S.SIRI JAGAN
JUDGE
vgd