IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 13678 of 2008(C) -------------------------- PETITIONER(S): --------------- 1. SHAKKEELA, W/O.LATE SHAJAHAN, PADIYALLOOR NAGAR, KOZHIJAMPARA P.O. PALAKKAD DISTRICT. 2. MIHARAJ, S/O.SANTHU MUHAMMED RAWTHAR, PADIYALLOOR NAGAR, KOZHINJAMPARA P.O., PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPT. OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARY, THIRUVANANTHAPURAM. 2. KOZHINJAMPARA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KOZHINJAMPARA P.O., PALAKKAD DISTRICT. 3. DR.P.T.KOSHY, THOMAS CLINIC, KOZHINJAMPARA P.O., PALAKKAD DISTRICT. 4. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE FOR R3 GOVERNMENT PLEADER SMT.K.R.DEEPA ADV.ANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 13678/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE NOTICE DTD.13.1.06 BY R2. P2. COPY OF THE RESOLUTON DTD.15.9.2006 BY R2. P3. COPY OF THE NOTICE DTD.3.10.06 BY R2. P4. COPY OF THE PETITION TO THE MINISTER FOR LOCAL SELF GOVT. P5. COPY OF THE LETTER DTD.17.1.2001 P6. COPY OF THE NOTICE DTD.26.3.08 TO P2 BY R4. P7. COPY OF THE ORDER DTD.11.4.08 BY R4. RESPONDENT(S)' EXHIBITS: R3A. COPY OF THE LETTER DTD.15.11.06 BY R1. Sdk+ ///True copy/// ` P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.13678 of 2008 ================== Dated this the 12th day of February, 2009 J U D G M E N T The petitioners are aggrieved by the proceedings initiated for demolition of the petitioners' building while the petitioners' application for regularisation of the construction is pending. Prayer Nos.3 and 4 in the writ petition are as follows: “iii) issue a writ of mandamus or other appropriate writ or order or direction directing the respondent No.1 to dispose of Ext.P4 in a time limit to be fixed by this Hon'ble Court, after affording an opportunity of being heard to the petitioner and staying all proceedings towards demolition of the petitioners' building including Exts.P3 and P7; iv) issue a writ of mandamus or other appropriate writ or order or direction directing the respondent No.1 or the concerned Authority to issue a certified copy of the order dated 15.11.2006, alleged to be passed as stated in Ext.P7, to the petitioners at the earliest, in a time limit to be fixed by this Hon'ble Court and in the meantime staying all proceedings towards demolition of the petitioners' building including Exts.P3 and P7:” In the above circumstances, this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P4, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioners. Before hearing, the petitioners shall be served with a copy of the order dated 15.11.2006. Till orders are so passed on Ext.P4, the demolition of the petitioners' building pursuant to Exts.P3 and P4 shall be kept in abeyance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2