IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33766 of 2008(S)
1. P.A.ALIYAR, S/O.LATE ABOOBACKER,
... Petitioner
2. P.S.SHAJI, S/O.SULAIMAN, AGED 34
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE SECRETARY, THRIKKAKARA GRAMA
4. K.S.SUBHASH, KIZHAKKEPARAMBIL HOUSE,
5. M/S.ABAD BUILDERS, C/O.HOTEL ABAD
For Petitioner :SRI.SHAJI P.CHALY
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :17/11/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.P.(C).No. 33766 OF 2008
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Dated this the 17th day of November 2008
JUDGMENT
A.K.BASHEER, J.
Petitioners who are stated to be permanent residents of Thrikkakara
in Ernakulam District have preferred this Writ Petition alleging illegal
construction of a building by respondents 4 and 5 at Thrikkakara.
According to the petitioners, respondents 4 and 5 are still continuing the
illegal construction, in spite of Ext.P5 communication issued by the
Thrikkakara Grama Panchayat informing those respondents that they
could continue the constructions only after they produce documents to
show that they have not trespassed into the public road included under the
Periyar Valley Scheme.
2. Learned counsel for the petitioners would contend that the
Secretary of the Panchayat is statutorily bound to ensure that any such
illegal activity is prevented. It is further contended that in spite of
issuance of Ext.P5, no follow up action was taken by the Secretary to stop
the illegal construction.
In our view, the contentions raised by the petitioners cannot be
entertained at this stage. If for any reason the petitioners are of the view
WP(C)No.33766 of 2008
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that 3rd respondent is failing in his duty, the said fact ought to be brought to the
notice of the superior authorities. We, therefore, refuse to entertain this Writ
Petition at this stage. Accordingly it is dismissed.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
ttb