IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24376 of 2008(B) -------------------------- PETITIONER: ------------ K.T.KUNHALIKUTTY, S/O.UNNIMAMMOOTTY, AGED 48 YEARS, PARAKOTTIL HOUSE, P.O.VANIYAMBALAM, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: ------------- THE WANDOOR GRAMA PANCHAYATH, (SPECIAL GRADE), REPRESENTED BY ITS SECRETARY, WANDOOR P.O., MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.24376/2008 ----------------------------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT Challenge in this writ petition is against Ext.P2, by which the petitioner is asked to demolish the unauthorised construction allegedly made his tenant. According to the petitioner, the land lord, Ext.P2 was issued even without a notice to him. However, it is seen that on receipt of Ext.P2, the tenant has filed Ext.P3 objection before the Tribunal and presently the petitioner apprehends that without issuing even a notice to him the Panchayat might implement Ext.P2. 2. If as stated by the petitioner, notice has not been issued to him, that certainly is a defect, which the Panchayat has to rectify. Now that, in response to Ext.P2, the tenant has filed Ext.P3 representation before the respondent, if is only appropriate that the Panchayat to 2 decide the matter, taking into account Ext.P3 and with notice to the petitioner and the recipient of Ext.P2. Therefore, directing that the matter shall be decided by the Panchayat, in the light of Exts.P3 and with notice to the petitioner and the recipient of Ext.P2, this writ petition is disposed of. Panchayat shall take a decision as expeditiously as possible and at any rate within 4 weeks from the date of receipt of a copy of the judgment. It is further directed that, until a decision as above shall be taken by the Panchayat, further proceedings for the implementation of Ext.P2 shall be kept in abeyance. ANTONY DOMINIC JUDGE vi. 3