IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 31340 of 2010(N) -------------------------------------- PETITIONER(S): ----------------------- C.N. PARAMESWARAN PILLAI S/O.LATE NARAYANAN, AGED 73 YEARS MADATHIL KIZHAKKETHIL, KOTTAMURI, KIDANGANNUR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): ------------------------- 1. THE SECRETARY, ARANMULA GRAMA PANCHAYATH, PIN-689 533. 2. THE CIRCLE INSPECTOR OF POLICE KOZHENCHERRY, PIN-689 641. 3. THE SUB INSPECTOR OF POLICE ARANMULA POLICE STATION, PIN-689 533. 4. T.K. RAMAKRISHNA PILLAI MADATHIL KIZHEKKETHIL, KOTTAMURI, KIDANGANNUR VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA DISTRICT, PIN-689 645. 5. RADHAKRISHNAN MADATHIL KIZHEKKETHIL, KOTTAMURI, KIDANGANNUR VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA DISTRICT, PIN-689 645. R2 & R3 BY GOVT. PLEADER MR.K.B. RAMANAND. R1 BY ADV. SRI.C.S.MANILAL, SRI.K.VIDYASAGAR, SRI.S.NIDHEESH. R4 BY ADV. SRI.K.G.NARAYANAN NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 31340/2010-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DECREE IN O.S.NO.287 OF 2001 PASSED BY THE MUNSIFF'S COURT, PATHANAMTHITTA. EXT.P2: COPY OF THE DECREE IN A.S.NO.49/2006 OF THE ADDL. DISTRICT COURT, PATHANAMTHITTA. EXT.P3: COPY OF THE LETTER DATED 12/07/2008 OF THE PANCHAYATH SECRETARY TO THE SUB INSPECTOR OF POLICE, ARANMULA. EXT.P4: COPY OF THE REPLY DATED 01/10/2010 RECEIVED BY THE PETITIONER FROM THE SECRETARY OF THE PANCHAYATH. EXT.P5: COPY OF THE COMPLAINT DATED 29/04/2010 FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, ARANMULA. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 31340 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2011 J U D G M E N T Essentially, the grievance of the petitioner who is the owner of the property having an extent of 9.50 Ares of land in survey No. 416/10 A of Aranmula Village is against the alleged illegal construction being carried out by the respondents 4 and 5 in his adjoining properties belonging to them. The contention is that despite the receipt of Exts.P3 and P4 stop memos from the first respondent, respondents 4 and 5 are continuing with the unauthorised constructions. It is further contended that despite the request from the first respondent, respondents 2 and 3 are not affording assistance to stop the illegal construction. It is in the said circumstances that this writ petition has been filed. 2. I have heard the learned counsel for the petitioner, the learned Standing Counsel for the first respondent, the learned Government Pleader as also the learned counsel appearing for respondents 4 and 5. The learned Standing Counsel submitted that the first respondent has taken follow up action pursuant to Exts.P2 and P3 with the assistance of WPC.31340/2010 : 2 : respondents 2 and 3 and consequently, stopped the construction alleged to have been made illegally by respondents 4 and 5. It is further submitted that further action pursuant to Ext.P4 would be taken, in accordance with law, with notice to the respondents 4 and 5. The learned counsel appearing for the respondents 4 and 5 submitted that they had already stopped the construction at the instance of respondents 1 to 3. In view of the said position obtained in this writ petition, I do not think that anything survives for consideration in this writ petition. At the same time, taking note of the fact that the first respondent had already taken steps to stop the construction being carried out by respondents 4 and 5 this writ petition is disposed of with a direction to the first respondent to conclude the proceedings initiated as per Exts.P3 and P4 with notice to the petitioner as also the respondents 4 and 5, in accordance with law, expeditiously, at any rate within a period of three weeks from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge