IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 13714 of 2004(G)
1. SURENDRAN. A.K., S/O. KARAPPAN,
... Petitioner
Vs
1. THE CHELAMBRA GRAMA PANCHAYATH,
... Respondent
2. THE DEPUTY DIRECTOR OF PANCHAYATH,
For Petitioner :SRI.BABU S. NAIR
For Respondent :SRI.S.V.BALAKRISHNA IYER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :17/07/2007
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.13714 OF 2004
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Dated this the 17th day of July, 2007
JUDGMENT
The petitioner challenges Ext.P1 decision of the Secretary
of the Panchayat, which is, admittedly, an appealable order. The
findings therein are purely on questions of facts. The Secretary
found that the building has been constructed in violation of the
plan and permit. Though, initially building number was
accorded, later, it was found that the constructions were not in
accordance with the plan. Not only that, during the course of
proceedings, the petitioner was also found to have made certain
constructions in violation of the permit.
2. In para 7 of the writ petition it is stated that the petitioner
has invoked the statutory remedy by way of appeal. Under such
circumstances, I am not inclined to enter into adjudication as to
the correctness of Ext.P1 order. The writ petition is accordingly
dismissed without prejudice to the right of the petitioner to
prosecute the appeal referred to in para 7 of the writ petition. If
WPC.13714/04
Page numbers
such appeal is pending and yet to be disposed of, the interim
order dated 30.4.2004 granted in this writ petition will stand
extended for a period of three months from now and the
appellate authority will dispose of the appeal within a period of
one month of the receipt of a copy of this judgment. The
petitioner is directed to produce a copy of this judgment before
the first respondent to ensure compliance of the direction
contained herein.
If no appeal as stated in para 7 is on record or the same has
already been disposed of, the order of stay granted on 30.4.2004
will stand vacated by the force of the judgment and the parties
will stand regulated accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.