IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 OP.No. 3150 of 2003(Y) ----------------------------- PETITIONER: ------------------ K.N.PARAMESWARAN NAIR, MAHALAKSHMI TOURIST HOME, MUNNAR. BY ADV. SRI.E.SUBRAMANI SRI.S.EASWARAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. MUNNAR GRAMA PANCHAYAT (SPECIAL GRADE), P.O.MUNNAR, IDUKKI-685 612, REPRESENTED BY ITS SECRETARY. BY SPL. GOVERNMENT PLEADER SRI.D.ANILKUMAR - R1 SRI.K.P.DANDAPANI (SR.) - R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/06/2008, ALONG WITH WPC NO. 23938 OF 2003 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO.3150/2003-Y ORDER ON C.M.P. NO.5650/2003 IN O.P. NO.3150/2003 DISMISSED 20/06/2008 SD/- K.BALAKRISHNAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF DEED OF INDENTURE OF CONVEYANCE – DOCUMENT NO.566 DATED 11/11/1965 OF THE SUB REGISTRY OFFICE, DEVICOLAM. EXT.P2: COPY OF DEED OF INDENTURE OF CONVEYANCE – DOCUMENT NO.841 DATED 25/10/1967 OF THE SUB REGISTRY OFFICE, DEVICOLAM. EXT.P3: COPY OF LETTER DATED NIL. SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4: COPY OF OWNERSHIP CERTIFICATE DATED 24/11/2002 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT EVIDENCING PETITIONER AS THE OWNER OF BUILDING NO.VIII/60. EXT.P5: COPY OF OWNERSHIP CERTIFICATE DATED 24/11/2002 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT EVIDENCING PETITIONER AS THE OWNER OF THE BUILDING NO.IX/615. EXT.P6: COPY OF ORDER DATED 17/05/2002 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- O.P. NO. 3150/2003 AND W.P.(C) NOS.23938/2003, 10394 & 17761/2004, 5797/2005 AND 20963/2007 ----------------------------------------- JUDGMENT The petitioners in these writ petitions challenge the order of the Munnar Grama Panchayat, declining to grant building permits to them for modifying/renovating etc., of the existing structures, which are stated to be within 50 yards of Munnar river. A learned Single Judge of this Court in W.P.(C) No.551/1995 directed demolition of all such structures situated within 50 yards of the river. The Division Bench of this Court modified the said direction and granted substantial reliefs to the affected persons. The State Government carried the matter in appeal and the Apex Court stayed the judgment of the Division Bench in W.A.No.448/2001 and connected cases. During the pendency of the above Writ Appeal, relying on the judgment of the learned Single Judge, the applications of the petitioners herein for building permits were rejected. Challenging those orders, these writ petitions were filed. In most of the cases, constructions were completed. 2. The Supreme Court, though, initially stayed the judgment of the OP 3150/03 ETC. 2 Division Bench in the aforementioned Writ Appeal, later the said stay was modified as maintenance of status quo. In view of the said position, the Panchayat/Government cannot take any further action against the petitioners. But, they cannot make any further construction also. Both sides should maintain status quo. In view of the above development, further coercive steps pursuant to the impugned orders cannot be taken either by the Panchayat or other authorities. They have to wait for the outcome of the decision of the Apex Court and the parties can work out their remedies based on the order of the Apex Court. Till such time both sides shall maintain status quo. In some writ petitions, other contentions in support of the claims of the petitioners have been raised. It is made clear that they are kept open. The writ petitions are disposed of as above. 20th June, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/