IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11723 of 2010(M) -------------------------- PETITIONER(S): --------------- K.BEENA, W/O.SATHEESH,KOMMADATH HOUSE, P.O.N.BEYPORE,CALICUT-15. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. BEYPOPRE GRAMA PANCHAYAT, REP.BY ITS SECRETARY, BEYPORE, KOZHIKODE. 2. ABDUL LATHEEF, S/O.ABDULKHADER, CEHRIYA PUTHAN VEETIL HOUSE,BEYPORE P.O., KOZHIKODE DIST. 3. C.P.KABEER, S/O.ABDUL KHADER, CHERIYA PUTHEN VEETTIL HOUSE,BEYPORE P.O., KOZHIKODE DIST. 4. UMMERKOYA, S/O.HYDRU, KOOPPIYIL HOUSE,POONAR VALAPPU, NEAR R.M.HOSPITAL, BEYPORE, KOZHIKODE. 5. MOIDEEN KOYA, S/O.MOHAMMED, ATHIKIARI VEETTIL HOUSE, PALATTIPADAM, KOLATHARA P.O.,KOZHIKODE. 6. DISTRICT OFFICER, GROUND WATER DEPARTMENT, CIVIL STATION, KOZHIKODE. 7. DISTRICT OFFICER, POLLUTION CONTROL BOARD, KOZHIKODE. BY GOVT. PLEADER SMT. K.R. DEEPA BY SC SRI. M.K. CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.11723 OF 2010 ( M) -------------------------------------------------- Dated this the 6th day of April, 2010 J U D G M E N T By Ext.P4 order, the building permit issued to the 3rd respondent was cancelled. That order was challenged by the 3rd respondent in WP(c).No.6130/2010. That writ petition was disposed of by Ext.P5 judgment. Taking note of the fact that Ext.P4 order was passed without hearing the 3rd respondent, Ext.P4 order was set aside and it was clarified that it will be open to the Panchayat to issue notice, hear the petitioner and the complainants and pass fresh orders in the matter. Allegation in the writ petition is that despite the liberty given by this court in Ext.P5 judgment, the Panchayat has not taken further action on Ext.P2 complaint made by the petitioner. 2. If the facts are as stated above, necessarily, the Panchayat should conclude further proceedings on Ext.P2 complaint as directed in Ext.P5 judgment referred to above. Accordingly, the writ petition is disposed of directing that the first respondent shall take necessary action on Ext.P2 with notice to the petitioner and the party respondents. This shall be WPC.No.11723 /2010 :2 : done as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment along with a copy of this writ petition. (ANTONY DOMINIC) JUDGE vi/