IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 26699 of 2010(J) --------------------------------- PETITIONER(S): ------------------- MATHEW JOSEPH,KOZHIMALA , KARINILAM P.O.,KUNDAKAYUAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): -------------------- KOOTTICKAL GRAMA PANCHAYAT, REPRESENTED BYITS SECRETARY,OFFICE OF THE GRAMA PANCHAYAT,KOOTTICKAL, KOTTAYAM(DT)680 520. * ADDL. R2 IMPLEADED R2. THE SECRETARY, KOOTTICKAL GRAMA PANCHAYAT, O/O. KOOTTICKAL GRAMA PANCHAYAT, KOOTTICKAL P.O.,KOTTAYAM DISTRICT. * ADDL. R2 IS IMPLEADED AS PER ORDER DATED 30/11/2010 IN I.A. NO. 16240/2010. BY ADVS. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.M.B.SANDEEP SRI.K.V.REJANISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26699 OF 2010 -------------------------- Dated this the 30th day of November, 2010 J U D G M E N T The petitioner owns a parcel of land approximately 1.31 hectares in extent in Survey Nos.177/7 & 177/8 of Mundakkayam Village, Kanjirappally Taluk, Kottayam District. The property is bounded on the north by the Chappathu Colony Road. A stream flows between the petitioner’s land and the said public road. With a view to enable the petitioner to take vehicles to his land, the petitioner submitted Ext.P3 representation before the Secretary of Koottickal Grama Panchayat for permission to put up a concrete slab across the stream without in any manner preventing the flow of water. The Secretary of the Koottickal Grama Panchayat placed the application before the committee of the Panchayat. The committee of the Panchayat that met on 19.6.2010 resolved to constitute a sub committee to examine the said request and to inform the petitioner accordingly. The petitioner was thereafter informed that a sub committee will be constituted to enquire into his request by Ext.P5 letter dated 28.6.2010. The grievance voiced by the petitioner is that though nearly five months have passed after the committee of the Panchayat met and resolved to constitute a sub committee to enquire into Ext.P3, till date, no action has been taken in the matter. In this writ petition, the petitioner seeks a direction to the respondent to grant the WPC No.26699/2010 2 permission sought in Ext.P3. 2. When the writ petition came up for hearing today, Sri. Geo Paul, learned counsel appearing for the respondent submitted that the committee of the Panchayat will constitute a sub committee to examine the petitioner’s request and based on the report of the sub committee, the Panchayat will take a decision in the matter expeditiously. I accordingly dispose of this writ petition with the following directions:- (i) The first respondent shall constitute a sub committee in terms of the decision taken in Ext.P4 resolution dated 19.6.2010 expeditiously and in any event within two weeks from today. (ii) The sub committee shall examine the request made in Ext.P3, after inspecting the site and submit the report to the committee of the Panchayat. This shall be done within one month from today. (iii) The committee of the Panchayat shall thereupon take a final decision in the matter expeditiously and in any event within two weeks from the date of receipt of the report of the sub committee. P.N.RAVINDRAN, (JUDGE) vps WPC No.26699/2010 3 WPC No.26699/2010 4