IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 31587 of 2010(W) ------------------------- PETITIONER : -------------------- E.J.RAJU, AGED 45 YRS, S/O.YOHANNAN, EDAYATHUMALAL HOUSE, MULANTHURUTHY, ERNAKULAM BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): ------------------------- 1. MULANTHURUTHY GRAMAPANCHAYATH REP.BY ITS SECRETARY, MULANTHURUTHY, PIN - 682 314 2. THE SECRETARY, MULANTHURUTHY GRAMAPANCHAYATH, MULAMTHURUTHY, PIN - 682 314 3. K.P.MANU, AGED 47 YRS., S/O.PAULOSE, ISWRYA DECORATION, MULANTHURUTHY, PIN - 682 314 R1 & R2 BY ADV. SRI.S.SREEKUMAR R3 BY ADVS. SRI.PRASUN.S SRI.PAUL MATHEW (PERUMPILLIL) SRI.SANU.S.PANICKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 31587 of 2010(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER DATED 17/07/2008. EXT.P2 : COPY OF THE ORDER PASSED BY THE TRIBUNAL IN 428/2008. EXT.P3 : COPY OF THE ORDER DT. 07.03.2009. EXT.P4 : COPY OF THE ORDER PASSED BY THE TRIBUNAL IN APPEAL NO. 314/2009. EXT.P5 : COPY OF THE ORDER PASSED IN WP(C) NO. 33643/2009. EXT.P6 : COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DT. 18-3-2010. EXT.P7 : COPY OF THE ORDER PASSED BY TRIBUNAL IN APPEAL NO. 355/2010. EXT.P8 : COPY OF THE MARRIAGE INVITATION CARD SHOWING THE MARRIAGE BETWEEN ONE SUNIJA AND BABU CONDUCTED ON 12-03-2009 IN THE SAME HALL. EXT.P9 : COPY OF THE ANNUAL GENERAL BODY OF THE MULANTHURUTHY MERCHANTS ASSOCIATION WHICH WAS CONDUCTED ON 18-02-2009 IN THE SAME HALL. EXT.P10 : COPY OF THE PHOTOGRAPHS. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 31587 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of June, 2011 J U D G M E N T This writ petition has been filed on being aggrieved by the delay in taking action for demolishing the alleged unauthorised construction effected by the 3rd responden. The prayer in this writ petition is for issuance of a writ of mandamus commanding the respondents 1 and 2 to comply with the directions in Ext.P7 order passed by the Tribunal for Local Self Government Institutions in Appeal No.355/2010. In fact, as per Ext.P7 after setting aside the order bearing No. A3-450/309/08-09 dated 3.3.2010 issued by the Secretary of the first respondent Panchayat the Secretary was directed to conduct a proper local inspection with reference to the records relating to the building of Appellant/the 3rd respondent herein and to verify whether there are any unauthorised construction and if so, what are the provisions of law, if any, violated by effecting such the constructions. The learned counsel appearing for the the respondents 1 and 2 submits that in terms of the directions in Ext.P7 the second WPC.31587/2010 : 2 : respondent would take appropriate steps to ascertain whether the 3rd respondent had effected any unauthorised construction by conducting a local inspection and subject to such inspection, appropriate decision would be taken after affording opportunity of being heard to both the parties. In view of the said submission this writ petition is disposed of with a direction to the second respondent to conduct a proper local inspection with notice to the petitioner and also to the 3rd respondent and to take appropriate decision in terms of Ext.P7 order of the Tribunal expeditiously, at any rate, within a period of one month from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge