IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 13522 of 2008(I) -------------------------------------- PETITIONER: ------------------- DENSON, AGED 33 YEARS, S/O.LATE SREEDHARAN, KUNNATH HOUSE, PANICHAYAM KARA, ASHAMANOOR VILLAGE, PERUMBAVOOR. BY ADV. SRI.GEORGE MATHEW, ADV. SRI.SUNIL KUMAR A.G. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY LOCAL SELF GOVERNMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THASILDAR, KUNNATHUNAD TALUK, TALUK OFFICE, PERUMBAVOOR. 3. ASHAMANOOR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, ASHAMANOOR P.O., PERUMBAVOOR. 4. THE SECRETARY, ASHAMANOOR GRAMA PANCHAYATH, ASHAMANOOR P.O., PERUMBAVOOR. 5. PAREETH, THOTTATHIKUDY HOUSE, PANICHAYAM KARA, ASHAMANOOR VILLAGE, ASHAMANOOR P.O. PERUMBAVOOR. BY GOVT. PLEADER SRI. K.V. MANOJ KUMAR, ADV. SRI.V.V.RAJA - R3 & R4, SRI.R.RENJITH - R3 & R4, SRI.SAJI VARGHESE KAKKATTUMATTATHIL - R5. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13522/2008-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 16/04/08 FILED BEFORE THE R.3. EXT.P.2: COPY OF THE REPRESENTATION DTD. 16/04/08 FILED BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R5.A: COPY OF THE POSSESSION CERTIFICATE ISSUED FROM THE VILLAGE OFFICER, ASAMANNOOR. EXT.R5.B: COPY OF THE PERMIT DTD. 30/03/2008. EXT.R5.C: COPY OF THE CERTIFICATE DTD. 03/05/2008 ISSUED BY VILLAGE OFFICER, ASAMANOOR. //TRUE COPY// prv. ANTONY DOMINIC, J. =============== W.P.(C) NO. 13522 OF 2008 I ==================== Dated this the 19th day of June, 2008 J U D G M E N T The allegation in this writ petition is against the construction of a commercial building by the 5th respondent. The main contention that is raised is that the 5th respondent had encroached into the puramboke land and constructed the building. 2. Learned Government Pleader submits that an inspection was conducted by the Taluk Surveyor under the instructions of the 2nd respondent and the property was also measured. According to him on such measurement, the Taluk Surveyor has found that there is no encroachment into any portion of the puramboke land. There is no material to conclude otherwise. If that be so, the contention that is raised on this aspect is only to be rejected. 3. The other allegation raised is regarding absence of permit, this contention is also incorrect as can be seen from Ext.R5(b) produced by the 5th respondent. Though the learned counsel now contends that there is violation of the building rules, I do not see any ground urged in support of this plea. Writ petition fails and is dismissed. ANTONY DOMINIC,JUDGE. Rp