High Court Kerala High Court

Shafeek.K. vs The Secretary on 15 October, 2007

Kerala High Court
Shafeek.K. vs The Secretary on 15 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 25793 of 2007(U)


1. SHAFEEK.K., AGED 37 YEARS,
                      ...  Petitioner

                        Vs



1. THE SECRETARY,PANDALAM GRAMA PANCHAYAT,
                       ...       Respondent

2. THE DISTRICT TOWN PLANNER,

3. THE DEPUTY DIRECTOR OF PANCHAYAT,

4. P.K.JOLY, VALLIYAPANACKAL,

                For Petitioner  :SRI.SAJJU.S

                For Respondent  :SRI.SIBY MATHEW

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :15/10/2007

 O R D E R
                         PIUS C. KURIAKOSE, J.
              ..........................................................
                        W.P.(C)No.25793 OF 2007
              ...........................................................
               DATED THIS THE 15TH OCTOBER, 2007

                               J U D G M E N T

Though a counter affidavit has been filed by the Panchayat

contending that the construction which is being undertaken by the 4th

respondent is not illegal, counsel for the petitioner submits that the

Panchayat is actually colluding with the 4th respondent.

2. I do not propose to examine the merits of the matter or the

genuineness of the petitioner’s grievance. Ext.P4 representation has

been submitted by the petitioner before the 3rd respondent-Deputy

Director of Panchayats. The 3rd respondent will take up Ext.P4, call for

a report from the 2nd respondent, hear the petitioner and the 4th

respondent, consider the counter affidavit filed by the 1st respondent-

Panchayat before this Court and take a final decision on Ext.P4 at the

earliest and at any rate within six weeks of receiving copy of this

judgment. The 4th respondent is reminded in the meanwhile that the

constructions which are being undertaken by him will be at his risk and

subject to any decision which may be taken by the 3rd respondent

pursuant to the above directions.

The Writ Petition is disposed of as above.

(PIUS C.KURIAKOSE, JUDGE)
tgl

WP(C)N0.

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WP(C)N0.

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