IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 22728 of 2008(E) -------------------------- PETITIONER(S): --------------- HARIKUMAR.T.B, AGED 29, S/O. BALAKRISHNAN NAIR, ATTEDATHU HOUSE, GREEN KERALA PLANTATIONS, MUTHOLI.P.O, PALA, KOTTAYAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. MUTHOLI GRAMAPANCHAYATH, REPRESENTED BY ITS SECRETARY, MUTHOLI.P.O, PALA, KOTTAYAM. 2. THE SECRETARY, MUTHOLI GRAMAPANCHAYATH, MUTHOLI.P.O, PALA, KOTTAYAM. 3. ANITHA JAGANIVAS, PIDIKKAPARAMBIL HOUSE, KEEZHUVANKKULAM.P.O, PALA, KOTTAYAM DISTRICT. 4. JOY JOSEPH, NADUVILA KANGAZHAKATTU HOUSE, MUTHOLI.P.O, PALA, KOTTAYAM DISTRICT. ADV. SRI.SUNIL CYRIAC,SC,MUTHOLY GRAMA PANCH FOR R1,2 SRI.A.N.RAJAN BABU FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22728 of 2008 EXT.P1: COPY OF A ROUGH SKETCH SHOWING THE PRESENT TODDY SHOP AND PROPOSED CONSTRUCTION OF THE TODDY SHOP AND ALSO THE KULIKKADAVU CONSTRUCTED BY THE PANCHAYATH. EXT.P2: COPY OF THE REPRESENTATION DTD 14.7.2008 SUBMITTED BY THE NEIGHBOURS OF THE 4TH RESPONDENT INCLUDING THE PETITIONER. RESPONDENTS' EXHIBITS EXT.R1(a): COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 17.07.2008 SUBMITTED BY THE 4TH RESPONDENT. EXT.R1(b): COPY OF THE BUILDING PERMIT BEARING NO.BA55/08-09 DTD 03-10-2008 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.22728 OF 2008 ---------------------------------------- Dated this the 14th day of October, 2008 JUDGMENT The petitioner has filed this writ petition challenging the proposed shifting of a toddy shop by the 3rd respondent to a building proposed to be constructed in the property owned by the 4th respondent. The petitioner seeks the following reliefs: “I. Issue a writ of mandamus directing the 2 nd respondent to consider and pass orders on Exhibit P2 representation filed before him. II. Issue a writ of mandamus directing the 2 nd respondent not to give permission to construct a toddy shop adjacent to Eyyalil kulikkadavu constructed by the 1 st respondent for the women folk residing in the panchayath. III. Issue a writ of mandamus directing the 2 nd respondent to take appropriate action against the 3 rd and 4 th respondent who had started construction of the toddy shop in the property of the 4 th respondent wihtout obtaining necessary permission from the 1 st respondent”. 2. Respondents 1 and 2 have filed a statement to the effect that the building permit issued to the 4th respondent is not for a toddy shop but only for constructing a log shed. That being W.P.(c)No.22728/08 2 so, it is clear that respondents 3 and 4 cannot locate the toddy shop in the new premises. Accordingly, recording the statement filed by respondents 1 and 2, this writ petition is closed. S. SIRI JAGAN, JUDGE Acd