IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10148 of 2007(G)
1. THE PATTANAKKAD GRAMA PANCHAYATH,
... Petitioner
Vs
1. DAYANANDA BABU, SANTHAVILASAM,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE TALUK SURVEYOR, TALUK OFFICE,
4. THE ASSISTANT EXECUTIVE ENGINEER,
For Petitioner :SRI.J.OM PRAKASH
For Respondent :SRI.S.SANTHOSH KUMAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :03/04/2007
O R D E R
PIUS C. KURIAKOSE, J.
-------------------------
W.P.(C) No.10148 of 2007 G
-------------------------
Dated this the 3rd day of April, 2007.
JUDGMENT
Heard Sri.Omprakash, counsel for the
petitioner, Sri.Santhosh Kumar for the first
respondent and the learned Government Pleader
also on behalf of the official respondents.
2. On considering the writ petition for
admission, I passed an interim order directing
the first respondent to maintain the status
quo as on that day as regards the building and
the 2nd respondent to ensure that the first
respondent does not continue with the
construction work.
3. It is seen from Ext.P11 that it has
been issued pursuant to the direction
contained in W.P.(C)No.8086/07. In answer to
Ext.P11, the first respondent raised
objections and submitted Ext.P7 reply, in
which, he inter alia contended that, he is
having properties outside his eastern compound
W.P.(C) No.10148 of 2007
:: 2 ::
wall also. If what he says is correct,
perhaps, the construction will not offend
Section 220(b) of the Kerala Panchayat Raj
Act. But, as rightly submitted by
Sri.Omprakash, the issue can be resolved only
by a measurement by the 3rd respondent Taluk
Surveyor.
4. In such circumstances, I direct
the 3rd respondent Taluk Surveyor to conduct
a measurement of the first respondent’s
properties covered by his title deed with
notice to the petitioner panchayat and also
to the 4th respondent Assistant Executive
Engineer, N.H.47, Alappuzha. The necessary
charges for the conduct of measurement will
be remitted by the first respondent within
two weeks of receipt of a copy of this
judgment. The 3rd respondent will conduct the
measurement at the earliest, at any rate,
within one month of remittance of the charges
W.P.(C) No.10148 of 2007
:: 3 ::
by the first respondent. Once the measurement
is over, the 3rd respondent will furnish
copies of the measurement to the petitioner
panchayat and also to the first respondent.
The petitioner-panchayat will conduct a
further hearing of the issue covered by
Ext.P11 and take a decision. Till such
decision is taken, as directed above, the
interim order dated 23.3.2007 will continue.
Writ petition is disposed of as
above.
Sd/-
(PIUS C. KURIAKOSE)
JUDGE
sk/
//true copy//
P.S. To Judge
PIUS C. KURIAKOSE, J.
———————————————-
W.P.(C) No.10148 of 2007 G
JUDGMENT
3rd April, 2007.
————————————————