IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1852 of 2010(F)
1. M.A.BABY, S/O.ABRAHAM,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE TOWN PLANNER,
3. THIRUVARPPU GRAMA PANCHAYATH,
4. SECRETARY, THIRUVARPU GRAMA PANCHAYATH,
5. EBRAHIM KUTTY RAWTHER,
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/01/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.1852 of 2010 (F)
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Dated, this the 20th day of January, 2010
J U D G M E N T
What is complained in this writ petition is regarding the
alleged inaction on the part of the respondent Panchayat on Ext.P6,
a complaint made by the petitioner stating that the construction
undertaken by the 5th respondent is in violation of the Building
Rules.
2. According to the petitioner, in Ext.P3 report, it has
already been found that the construction is illegal. He also refers to
Ext.P5 and on this basis, Ext.P6 complaint has been made, and as
on date, according to him, no action has been initiated by the
respondent Panchayat.
3. If as stated by the petitioner, Ext.P6 complaint has been
received, it is up to the Panchayat to take necessary action thereon
in accordance with law.
Therefore, without expressing anything on the merits of the
allegations levelled by the petitioner, and leaving it open entirely to
WP(C) No.1852/2010
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the Panchayat to decide the issue, this writ petition is disposed of
directing the Panchayat to take necessary action on Ext.P6. This
shall be done with notice to the 5th respondent and as expeditiously
as possible, at any rate, within six weeks of receipt of a copy of this
judgment.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg