IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19616 of 2011(S) ------------------------------------ PETITIONER(S): ----------------------- 1. MANOJ, AGED 34 YEARS, S/O.JOSEPH, KUNNEL HOUSE, KALTHOOTTIKARA, AYYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. JOSE, S/O.SEBASTIAN, PULICKAL HOUSE, LABBAKADA KARA, AYYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S): ------------------------ 1. KANCHIYAR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KANCHIYAR GRAMA PANCHAYATH, AYYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. STATE OF KERALA, REP. BY THE SECRETARY TO LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, (ROAD DIVISION), KATTAPPANA, IDUKKI DISTRICT. 4. MANSHAD, AGED 36 YEARS, S/O.LATE ABDUL AZIZ, PARAMBIL HOUSE, KALTHOTTI, LABAKADA KARA, AYYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. SR.GOVT.PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19616/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE BUILDING PERMIT DATED 16.3.2011 AND THE PROPOSED BUILDING PLAN. EXT.P2: TRUE COPY OF APPLICATION DT 5.7.2011 UNDER R.I.ACT AND ITS REPLY DATED 6.7.2011 AND ITS ENGLISH TRANS. EXT.P2(a): TRUE COPY OF THE REPLY TO EXT.P2. EXT.P3: TRUE COPY OF THE APPLICATION DATED 5.7.2011 AND REPLY FROM THE 1ST RESPONDENT DATED 13.7.2011. EXT.P3(a): TRUE COPY OF THE REPLY TO EXT.P3. EXT.P4: TRUE COPY OF THE REPRESENTATION AND ITS ENGLISH TRANSLATION DATED 14.7.2011. EXT.P4(a): ENGLISH VERSION OF EXT.P4. //TRUE COPY// P.A. TO JUDGE Rp J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. =============================== W.P(C). NO. 19616 OF 2011 =================== Dated this the 19th day of July, 2011 J U D G M E N T Antony Dominic, J. The 4th respondent obtained Ext.P1 building permit from the 1st respondent Panchayat and commenced construction of a commercial building. In this writ petition, petitioners allege that such construction undertaken by the 4th respondent is in violation of the terms of Ext.P1 building permit and the provisions of the Building Rules. With this allegation, petitioners made Ext.P4 complaint before the 1st respondent Panchayat and thereafter have filed this writ petition as a public interest litigation seeking the following reliefs:- “i) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to issue stop memo to the illegal construction carried out by the 4th respondent forthwith. ii) to issue a writ of mandamus or any other appropriate writ, order or directions commanding the 1st respondent to demolish the illegal construction already made by the 4th respondent illegally. WP(C) No.19616/11 : 2 : iii) to issue a writ of mandamus or any other appropriate writ, order or directions commanding the 1st respondent to consider and pass appropriate orders on Ext.P4 representation submitted by the petitioners.” 2. As we have already stated, the case of the petitioners is that, in the construction of the building, the 4th respondent has violated the conditions of Ext.P1 permit and the Building Rules. If they have such a case, it is for the petitioners to seek their remedies before the Panchayat. In this matter, we do not see any scope for invoking the jurisdiction of this Court by entertaining this writ petition filed as a public interest litigation. We therefore dismiss the writ petition, but however, leaving it open to the petitioners to pursue their remedies before the 1st respondent. J.CHELAMESWAR CHIEF JUSTICE. ANTONY DOMINIC JUDGE. Rp