IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 37855 of 2010(F) -------------------------- PETITIONER: --------------- SAM V.S., S/O.K.SATHYAPALAN, VELIYIL HOUSE, UDAYAMPEROOR P.O., ERNAKULAM DISTRICT, PIN 682307. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SMT.HANI P.NAIR RESPONDENTS: --------------- 1. DINESAN S/O VELAYUDHAN, KANNANCHERIL HOUSE, UDAYAMPEROOR P.O., NEAR FISH MARKET, ERNAKULAM DISTRICT, PIN 682307. 2. UDAYAMPEROOR GRAMA PANCHAYATH, UDAYAMPEROOR P.O., ERNAKULAM DISTRICT, PIN 682307, REP.BY SECRETARY. STANDING COUNSEL SRI.PHILIP T.VARGHESE FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 37855 OF 2010 -------------------------- Dated this the 22ndday of December, 2010 J U D G M E N T Aggrieved by the building being put up by the first respondent, the petitioner has filed Ext.P4 complaint before the Secretary of Udayamperoor Grama Panchayat. The grievance voiced by the petitioner in this writ petition is that though Ext.P4 complaint was submitted on 28.7.2010 and a stop memo was also issued, the first respondent is still proceeding with the construction. In this writ petition, the petitioner seeks a direction to the second respondent to demolish the unauthorised construction being put up by the first respondent. 2. When the writ petition came up for admission today, Sri. Philip T. Varghese, learned standing counsel appearing for the Udayamperoor Grama Panchayat submitted that the Secretary of the Grama Panchayat will enquire into Ext.P4 complaint and finalise the proceedings already initiated by him expeditiously and that if a stop memo has already been issued, the Secretary will take steps to ensue that the first respondent does not proceed with the construction of the building until a final decision is taken in the matter. I accordingly dispose of the writ petition with the following WPC No.37855/2010 2 directions: (1) The Secretary of Udayamperoor Grama Panchayat shall within one month from the date of receipt of a certified copy of this judgment take a final decision on Ext.P4 complaint submitted by the petitioner after notice to and affording the petitioner and the first respondent a reasonable opportunity of putting forward their contentions, after inspecting the site of the building or causing an inspection to be made and obtaining a report through a competent authority. (2) The Secretary of Udayamperoor Grama Panchayat shall, if as stated in Ext.P7 issued a stop memo pursuant to the receipt of Ext.P4 complaint directing the first respondent to stop the construction, ensure that till a final decision is taken in the matter the first respondent does not proceed with the construction. (3) I make it clear that I have not expressed any opinion as to the merits of the petitioner's contentions and that it is for the Secretary of the local authority to take a final decision in the matter after considering the rival contentions. P.N.RAVINDRAN, (JUDGE) vps WPC No.37855/2010 3 WPC No.37855/2010 4