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. 7704 of 2008(P) ------------------------- PETITIONER: ------------ LOWRANCE JOSEPH, S/O JOSEPH NAMBUDAKATH HOUSE MOONILAVU P.O. KOTTAYAM DISTRICT BY ADV. SMT.MABLE.C.KURIAN RESPONDENTS: ------------- 1. THE DEPUTY DIRECTOR OF PANCHAYATH KOTTAYAM 2. THE MOONILAVU GRAMA PANCHAYATH MOONILAVU P.O., KOTTAYAM DISTRICT REP. BY ITS SECRETARY 3. ALEKUTTY THOMAS PLATHOTTATHIL HOUSE EDAMARUKU P.O. ERATTUPETTA, KOTTAYAM DISTRICT BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR ADV.SRI.GEORGEKUTTY MATHEW, R2 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. 7704 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of March, 2008 JUDGMENT The grievance voiced by the petitioner, who is conducting a licensed quarry, is that the third respondent has constructed a building very close to the quarry with the sole objective of defeating the petitioner's application for renewal of licence. According to the petitioner, what has been constructed by the third respondent is only a temporary structure and if the Panchayat comes to assign number to that temporary structure, the same will cause difficulties to the petitioner in the matter of the quarry which is being conducted. I do not propose to examine the genuineness of the grievance or going into the merits of the matter. Sri.Georgekutty Mathew takes notice on behalf of the second respondent and submits that the second respondent will not have any serious objection in considering Ext.P1 submitted by the petitioner. I therefore dispose of the writ petition issuing the following directions and without issuing notice to the third WPC.No.7704/08 2 respondent. The second respondent will take up Ext.P1 immediately, conduct necessary local inspection with notice to the petitioner and the third respondent and take an early decision on Ext.P1. Decision as directed above will be taken with notice to the petitioner and the third respondent and after hearing them at the earliest and at any rate within one month of receiving a copy of this judgment. Till such time as decision is so taken, the second respondent will not number the structures put up by the third respondent, if they are not already numbered. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.7704/08 2