IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 8261 of 2006(H) ------------------------------------- PETITIONERS: --------------------- JISHA.L. W/O.SANTHOSH KUMAR, SANGEETHA BHAVAN, CHEMMAKKADU P.O. KOLLAM. BY ADV. SRI.ALEX N.MATHEW (KOLLAM) SRI.H.RAMANAN SRI.M.M.VINOD KUMAR RESPONDENTS: -------------------------- 1. THE STATE OF KERALA, REPRESENT4ED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PANAYAM GRAMA PANHAYATH, REPRESENTED BY ITS SECRETARY, THANNIKKAMUKKU, PERINADU, KOLLA,691 601. 3. THE DISTRICT PANACHAYATH, REPRSENTED BY ITS SECRETARY, THEVALLYPO, KOLLM 691 009. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW SRI.B.KRISHNA MANI FOR R3 SRI.V.V.RAJA FOR R2 SRI.R.RENJITH FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.8261/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE SETTLEMENT DEED. EXT.P2:- COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT. EXT.P3:- COPY OF THE REPLY ISSUED BY THE PETITIONERS FATHER . EXT.P4:- COPY OF THE CERTIFICATE ISSUED BY THRIKKADAVUR PANCHAYATH . EXT.P5:- COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT. EXT.P6:- COPY OF THE NOTICE ISSUED BYU THE 2ND RESPONDENT. EXT.P6:- COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT. EXT.P7:- COPY OF THE REPLY NOTICE ISSUED BY THE PETITIONER. EXT.P8:- COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT . RESPONDENT'S EXHIBITS EXT.R2(a):- COPY OF THE LETTER DT. 5.12.05 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.R2(b):- COPY OF THE LETTER DT. 7.2.06 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER , LSGD, ANCHALLUMMODU BLOCK PANCHAYATH. EXT.R2(c):- COPY OF THE LETTER DT. 22.2.06 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, LSGD, ANCHALLUMMODU BLOCK PANCHAYATH. EXT.R2(d):- PHOTOGRAPHS 2 IN NUMBERS EVIDENCING THE ENCROACHMENT COMMITTED /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 8261 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September, 2008 JUDGMENT Aggrieved by Ext.P6, regarding the alleged unauthorised construction, petitioner submitted a detailed reply; Ext.P7. It is seen that without reference to the contentions taken in the reply, the 3rd respondent has passed Ext.P8 order confirming Ext.P6 order. I am afraid that there is no proper consideration in the matter. The 3rd respondent should pass a reasoned order adverting also to its competence in the matter. I quash Ext.P8 with a direction to the 3rd respondent to pass fresh orders in the matter adverting to the contentions taken by the petitioner and also adverting to the jurisdiction. Interim order passed by this Court will continue till such time. (KURIAN JOSEPH, JUDGE) ttb