IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WP(C).No. 7727 of 2008(T) ------------------------- PETITIONER: ------------ T.K.JACOB, S/O KORA AGED 75, RESIDING AT THUDIYAN VEETTIL KANDANADU DESOM, MANAKUNNAM VILLAGE ERNAKULAM DISTRICT BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENTS: ---------------- UDAYAMPEROOR GRAMA PANCHAYAT ( SPECIAL GRADE) UDAYAMPEROOR (P.O.) ERNAKULAM DISTRICT PIN 682 307, REP. BY ITS SECRETARY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 7727 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of March, 2008 JUDGMENT Sri.Harish.R.Menon, counsel for the petitioner submits that it was on account of certain defects noticed by the Panchayat in Ext.P1 application that the application came to be rejected and order came to be passed directing demolition of the temporary structure put up on the plot in question. According to the learned counsel, petitioner is ready to submit a revised plan and file a fresh application curing all the defects. Under these circumstances, I dispose of the writ petition directing the respondent Panchayat to entertain the revised plan and the permit application, if submitted by the petitioner and dispose of the same in accordance with law in the light of the Kerala Municipalities Building Rules which are applicable to the Panchayat. The Panchayat while taking decision on the application should notice that it is not a regular Sunday school building which is being constructed, but by virtue of the WPC.No.7727/08 2 arrangement between the petitioner, who is the owners of the building and the church, the church is only permitted to use the building which is an extension of the petitioner's car porch for two hours every Sunday for conducting Sunday class. Considering the above directions, Ext.P3 to the extent it directs demolition and removal of the existing temporary structure will stand stayed for a period of one month from today. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.7727/08 2