IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 776 of 2011(V) ----------------------------------- PETITIONER: ------------------- PAULSON, AGED 44 YEARS, S/O.C.V.FRANCIS, CHERUVATHUR HOUSE, KUMBALANGAD, THRISSUR DIST., BY ADVS. SRI.V.M.KRISHNAKUMAR, SMT.P.R.REENA. RESPONDENT: --------------------- WADAKKANCHERY GRAMA PANCHAYATH, P.O.WADAKKANCHERY, THRISSUR DIST, PIN- 680 582, REP. BY SECRETARY. BY ADVS. SRI.P.GOPALAKRISHNAN NAIR, SRI.M.SREEKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.776/2011-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, WADAKKANCHERY DTD. 18/12/2010. EXT.P.2: COPY OF THE SITE PLAN FOR CONSTRUCTION OF THE COMPOUND WALL. EXT.P.3: COPY OF THE LETTER DTD. 03/11/2008 ISSUED BY THE WADAKKANCHERY PANCHAYAT TO THE VILLAGE OFFICER. EXT.P.4: COPY OF THE LETTER DTD. 02/03/2009 OF THE VILLAGE OFFICER. EXT.P.5: COPY OF THE BUILDING PERMIT DTD. 06/08/2010 ISSUED BY THE PANCHAYAT. EXT.P.6: COPY OF THE LAWYER NOTICE DTD. 17/09/2010. EXT.P.7: COPY OF THE NOTICE DTD. 08/12/2010 ISSUED BY THE PANCHAYAT. EXT.P.8: COPY OF THE LETTER DTD. 10/12/2010 FILED BEFORE THE PANCHAYAT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No.776 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May , 2011 J U D G M E N T The petitioner is the owner in possession of 1.09 acres of land in Survey No. 24 of Wadakkanchery Village For the purpose of constructing a compound wall for the said property the petitioner has submitted an application along with Ext.P2 site plan. After its consideration requisite permission was granted for its construction. However, when the petitioner started construction of the compound wall Ext.P7 stop memo was issued stating that construction is being effected on the foundation constructed by the Panchayat for protection of the Chal that runs alongside the Kumpalangad - Kottappuram Road. Pursuant to the receipt of Ext.P7, petitioner has submitted Ext.P8 requesting to withdraw it and to permit him to complete the construction. Despite the receipt of Ext.P8 no action was taken thereon. It is in the said circumstances, this writ petition has been filed mainly challenging Ext.P6 and P7. The further prayer is to issue a writ in the nature of mandamus commanding the WPC.No.776/2011 : 2 : respondents to pass orders on Ext.P8. 2. I have heard the learned counsel for the petitioner and also the learned Standing Counsel for the respondents. Evidently, Ext.P7 is only a stop memo served on the petitioner. The respondents are bound to finalise the proceedings after considering the contentions raised as per Exts.P8. In the said circumstances, without making any observation as to the merits of the contentions raised in this writ petition, it is disposed of with a direction to the respondents to finalise the proceedings initiated as per Exts.P7 after considering the contentions raised in Ext.P8 expeditiously, at any rate, within a period of one month from the date of receipt of copy of this judgment. Needless to say that before finalising the said proceedings the petitioner shall also be afforded with an opportunity of being heard. The petitioner shall not go on with the construction in question till a decision is taken in terms of this judgment and the right to continue the construction thereafter, will depend upon the said decision. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge