IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 18915 of 2010(L) -------------------------- PETITIONER(S): --------------- 1. T.K.KRISHNAN, AGED 62, S/O. KANARAN, THERUVINGALKUNIYIL HOUSE, THEKKANMALIPPURAM, VYPIN. 2. K.A.JOSEPHP, AGED 64, KOLLAMPARAMBIL HOUSE, H.NO.XI/399, THEKKANMALIPPURAM, AZHEEKAL P.O., VYPIN. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): --------------- 1. ELAMKUNNAPUZHA GRAMA PANCHAYATH, REP. BY SECRETARY, ELAMKUNNAPUZHA, MALIPURAM P.O., 682 511. 2. THE ENVIRONMENTAL ENGINEER, KERALA POLLUTION CONTROL BOARD, ERNAKULAM. 3. JOSE JOSEPH, KOCHIKKUNNEL, WAXWALL LANE, CHITTOOR ROAD, KOCHI-18. 4. TAJAN CYRIL, KALLIYATH HOUSE, KANIVELI ROAD, VENNALA P.O., COCHIN-28. 5. N.MOHANAN, ILLIKKATTU HOUSE, EDAPPALLY, KOCHI-24. ADV. SRI.K.JAJU BABU FOR R3 SMT.M.U.VIJAYALAKSHMI FOR R3 SRI.M.K.CHANDRA MOHANDAS FOR R2 SRI.S.SHANAVAS KHAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18915 of 2010-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2010. JUDGMENT The petitioners here are residents of Ward No.11 of Elamkunnapuzha Panchayat. The matter in dispute is regarding the damages caused to the petitioners' residential houses by the construction of a 7 storied building in Sy. No.111/7 and 111/8 of Puthuvype Village by respondents 3 to 5. 2. It is alleged that due to the aftermath of piling activities, damages have been caused to the residence of the petitioners and the nearby residences. Ext.P4 series are the copies of photographs produced in support of the above plea. 3. Heard learned Standing Counsel for the Panchayat, learned Standing Counsel for the Pollution Control Board and the learned counsel appearing for respondents 3 to 5. When the matter came up for consideration last time, it was submitted by the learned counsel for the petitioners that compromise talks are going on and the matter is likely to be settled. Today, it is brought to my notice that a meeting of all the parties including the petitioners and the President of the Panchayat was held on 22.6.2010. It was decided that the spot will be verified by the Engineer of wpc 18915/2010 2 the Panchayat and on the basis of his report respondents 3 to 5 will take effective measures for the repair of the buildings, etc. It is submitted that on the basis of the said decision, the Engineer of the Panchayat (LSGD) visited the spot on 29.6.2010. 4. It is assured by the learned counsel appearing for respondents 3 to 5 that respondents 3 to 5 will abide by the decision taken by the Panchayat and they will implement the same also, either by repairing the buildings in question or by paying the amount towrds the damages. Learned Standing Counsel for the Panchayat submitted that the Panchayat will see that the matter is mutually settled by the parties as agreed to by both of them. Therefore, the Panchayat will see that the dispute is settled and the resultant decisions are enforced. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/