IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16009 of 2010(A)
1. SUDHAKARAN,S/O.ACHU,AGED 65 YEARS,
... Petitioner
Vs
1. POYYA GRAMA PANCHAYATH,REPRESENTED BY
... Respondent
2. MUSTHAFFA,S/O.KOCHUNNI,AGED ABOUT 7O,
3. SAIDUMUHAMMAD,S/O.MUSTHAFFA,AGED ABOUT
For Petitioner :SRI.K.L.JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :25/05/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.16009 OF 2010
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Dated this the 25th day of May, 2010.
J U D G M E N T
The petitioner is a resident of the 1st respondent
panchayath. He is the owner and in possession of 6= cents of
land in survey No.398/6 of Poyya Village. According to the
petitioner, the respondents 2 and 3 are the nearby property
owners and they are making constructions without any
permission from the panchayath.
2. The petitioner has produced along with the writ petition
Exhibit P1, a letter issued to him by the panchayath, stating that
the panchayath has not issued any building permit for the
construction. It is seen from the averments that the petitioner
has filed O.S.No.461/2009 against the 2nd respondent for an
injunction restraining him from constructing any structures in the
disputed property without any permission from the 1st respondent
panchayath. It is averred in the writ petition that in
I.A.No.916/2009, the Munsiff Court has passed an interim
W.P.(C) No.16009/2010 2
injunction restraining the 2nd respondent from constructing any
buildings without the permission from the panchayath.
3. It is the case of the petitioner that in gross violation of
Exhibit P2 permit issued for construction of a compound wall, the
respondents 2 and 3 have constructed 3 feet height basement on
four sides of their property without leaving any open space on all
the four sides. Apart from the same, they have constructed 6
concrete pillars and completed the construction of a godown
facing towards north. It is in these circumstances, the petitioner
has filed Exhibit P4 complaint before the Secretary of the Poyya
Grama Panchayath for taking appropriate action. Exhibit P5
receipt shows that the same has been forwarded to the
Secretary.
In view of the urgency shown by the petitioner, there will be
a direction to the Secretary, Poyya Grama Panchayath to
consider the complaint with notice to the petitioner and
respondents 2 and 3. He will also conduct necessary local
inspection in the matter before taking a decision. Appropriate
decision shall be taken within a period of one month. The
W.P.(C) No.16009/2010 3
petitioner will produce a copy of the writ petition along with a
copy of this judgment for compliance.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp