IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 33701 of 2007(K) -------------------------- PETITIONER: ------------- P.B.SHAKKEELA, W/O.SHAJAHAN, MYLOOR PUTHENPURA, PERUMATTOM, PUTHUPPADY P.O. MUVATTUPUZHA - 686 673. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENTS: ----------------- 1. PAIPRA GRAMA PANCHAYATH, PEZHAKKAPPALLY P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. REP. BY ITS SECRETARY. 2. THE ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAY 49, SUB DIVISION, EDAPPALLY, ERNAKULAM, KOCHI-682024. 3. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY 49, MUVATTUPUZHA, ERNAKULAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA. 5. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 6. SMT.BEENA SAINUDEEN, SURYAKALAYIL HOUSE, PERUMATTOM, PUTHUPPADY P.O., MUVATTUPUZHA - 686 673. R1 BY ADV. SRI.JOSE J.MATHAIKAL R6 BY ADV. SRI.N.K.KARNIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 33701 OF 2007 ----------------------------------- Dated this the 11th day of January, 2008 JUDGMENT The grievance which is voiced by the petitioner is that the 6th respondent is constructing a building ignoring Exts.P2 and P4 orders issued by the Panchayat and Ext.P7 letter issued by the National Highway Authority. The Panchayat through its counter affidavit has also endorsed the allegation and stated that the constructions which have been made by the 6th respondent are illegal. The 6th respondent through his counter affidavit has undertaken that no further constructions will be made. The above undertaking is recorded and the 6th respondent is restrained from carrying out any further constructions. As for the constructions already made, which are found by the Panchayat to be illegal, it is seen that the final demolition order is yet to be passed by the Panchayat in the light of the objections, if any, filed by the 6th respondent and other relevant materials including the letter of the engineer of the National Highway Authority. Therefore, the Writ Petition will stand disposed of directing the 1st respondent Panchayat to hear the 6th respondent and the petitioner and pass final orders on the question of removal of the constructions already made by the 6th respondent. The final orders, as directed above, will be passed by the Panchayat, at the WPC No. 33701 of 2007 2 earliest and at any rate, within one month of receiving copy of this judgment. PIUS C. KURIAKOSE, JUDGE btt WPC No. 33701 of 2007 3