IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25229 of 2009(W) -------------------------- PETITIONER(S): --------------- S.USHAKUMARI, AGED 44 YEARS, W/O.S.P.PRASAD, GIRIJA BHAVAN, MANTHANAM, KUNNANTHANAM, PATHANAMTHITTA. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENT(S): --------------- 1. KUNNAMTHANAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUNNAMTHANAM, PATHANAMTHITTA DIST. 2. ANTONY, OTTAPLACKEL HOUSE, MADAPPALLY, CHANGANACHERRY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.25229 OF 2009 ............................................ DATED THIS THE 28TH DAY OF AUGUST, 2009 JUDGMENT Notice to respondents dispensed with, preserving their right to move for rehearing, if aggrieved. 2. The petitioner's complaint is that Ext.P4 is not gaining attention of the panchayat authorities. She seeks a direction in that regard. 3. The petitioner and the son of the second respondent, have land lying adjacent. On the allegation that second respondent or his son has entered into a portion of the petitioner's land, she filed a civil suit. It is stated that she has also obtained an order of temporary injunction. That suit is pending. The complaint in Ext.P4 appears to be that a building is being constructed in violation of the permit issued. It is the allegation that the set back and other details are violated. 4. While the panchayat cannot decide on the rival claim for title, it needs to be said that the panchayat authorities have to ensure that any construction is in terms of the building permit, if Wpc 25229/2009 2 any issued. Therefore, without expressing anything on merits, first respondent is directed to decide on Ext.P4 expeditiously, after hearing the necessary parties. Let that be done within 45 days from the date of receipt of a copy of this judgment. All other issues left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/31/8