High Court Kerala High Court

M.A.Baby vs The District Collector on 20 January, 2010

Kerala High Court
M.A.Baby vs The District Collector on 20 January, 2010
       

  

  

 
 
  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.
                   -------------------------
                    W.P.(C.) No.1852 of 2010 (F)
              ---------------------------------
             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
-2-

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