IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 1340 of 2010(N) ------------------------- PETITIONER(S): --------------- K.N.MOOSA, AGED 57 YEARS, S/O.K.K.NAINA, KALLUMPURATH HOUSE, KOOVALLOOR PO, PALLARIMANGALAM KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.P.FAZIL SMT.JAYASREE MANOJ SRI.SREEJITH V.S. RESPONDENT(S): --------------- 1. PALLARIMANGALAM GRAMA PANCHAYATH, PALLARIMANGALAM, KOOVALLOOR.P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 675, REPRESENTED BY ITS SECRETARY. 2. SOYA MUHAMMED, AGED ABOUT 40 YEARS, W/O.MUHAMMED, PAZHAMPILLY HOUSE, ADIVADU, PALLARIMANGALAM.P.O., KOTHAMANGALAM, ERNAKULAM DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.1340 of 2010 (N) --------------------------------- Dated, this the 14th day of January, 2010 J U D G M E N T Grievance of the petitioner is that in violation of the conditions of Ext.P4, the 2nd respondent is continuing with the construction of a building. According to the petitioner, Ext.P4 building permit required the 2nd respondent to demolish the existing building wall constructed by the 2nd respondent in violation of the building rules before commencing construction. 2. Ext.P4 order is dated 02/01/2010, and if there is violation of any of its conditions, it is always open to the petitioner to bring it to the notice of the 1st respondent, and thereupon, it is for the 1st respondent to take appropriate action in this matter. I do not see any such complaint made by the petitioner before the 1st respondent. 3. Therefore, I direct that if the petitioner has a case that the 2nd respondent is proceeding with the construction in violation of the conditions of Ext.P4, it is open to the petitioner to make an WP(C) No.1340/2010 -2- application before the 1st respondent, in which event, the 1st respondent is directed to take needful action remedying the grievance of the petitioner. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg