IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 32194 of 2007(G) -------------------------- PETITIONER: ------------ RUPINDER CHANA, D/O.AMARIK SINGH GARCHA, HOUSE NO.52, ROAD NO.42, PANJAHI BAGH, NEW DELHI. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: ------------- 1. J.ASUNTHA MOHAN, PRESIDENT, VIZHINJAM GRAMA PANCHAYATH, VIZHINJAM P.O., THIRUVANANTHAPURAM DIST. 2. CIRCLE INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM P.O., THIRUVANANTHAPURAM DIST. 3. SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM P.O., THIRUVANANTHAPURAM DIST. ADDITIONAL RESPONDENT 4. THE VIZHINJAM PANCHAYATH, REP. BY ITS SECRETARY, PANCHAYATH OFFICE VIZHINJAM P.O., THIRUVANANTHAPURAM Additional respondent is suo motu impleaded as per order dated 30-10-07 BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 32194 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2008 JUDGMENT One of the grounds on which Ext.P5 notice is challenged in this writ petition is that the President of the Panchayat is not competent to issue the same. According to the petitioner, the statutory power to issue stop memos like Ext.P5 is vested with the Secretary of the Panchayat. I find some merit in the above submission and accordingly I dispose of the writ petition directing all parties including the additional third respondent to construe Ext.P5 as notice issued by the Secretary of the Panchayat in exercise of his statutory powers. The petitioner is permitted to file objection to Ext.P5 before the Secretary of the Panchayat within two weeks from today. If the petitioner files objection within the above time, the Secretary of the Panchayat will hear the petitioner and take a decision as to whether action proposed under Ext.P5 should be finalised, at the earliest and at any rate within six weeks of the petitioner filing objection to Ext.P5. The petitioner is WPC.No.32194/08 2 restrained in the meanwhile from carrying on any further constructions. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.32194/08 2