IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 26739 of 2011(N) ----------------------- PETITIONER : -------------------- SUBAIDA, D/O.YUNESKUTTY, AGED 54 YEARS, KARIMBINTHARA VEEDU, BYE-PASS ROAD, CHOTTANIKKARA PANCHAYAT. BY ADV. SMT.R.RANJINI RESPONDENT(S): ------------------------- 1. CHOTTANIKKARA GRAMA PANCHAYAT, OFFICE OF THE CHOTTANIKKARA GRAMA PANCHAYAT, CHOTTANIKKARA, REP. BY ITS SECRETARY, PIN-682312. 2. KARTHIKEYAN @ REMASHAN, AGED 55 YEARS, 'SAUPARNIKA', BYE-PASS ROAD, CHOTTANIKKARA-682312. R1 BY ADVS. SRI.S.SREEKUMAR, SENIOR ADVOCATE SRI. P. PRIJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26739 of 2011(N) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 THE PHOTOCOPY OF THE DEED DATED 25/5/1994. EXT.P2 THE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY PETITIONER DATED 27/9/2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 26739 OF 2011 ------------------------------- DATED THIS THE 8TH DAY OF DECEMBER, 2011 JUDGMENT Petitioner and 2nd respondent are the owners of adjacent properties. The allegation raised by the petitioner is that the 2nd respondent, without valid plan or permit, has constructed a building in his property. Petitioner submits that, after noticing the unauthorised construction, he submitted Ext.P2 complaint before the lst respondent on 27/9/2011. The grievance of the petitioner is that in spite of Ext.P2 complaint was lodged before the lst respondent, no action has been taken till date. Petitioner complains about the inaction on the part of the lst respondent in not initiating appropriate action as contemplated under law. 2. Learned Standing Counsel for the lst respondent- Panchayat on instructions submits that the lst respondent through its Officers conducted a site inspection and the matter is pending consideration before the lst respondent. -2- W.P.(C).No.26739/2011 In the facts and circumstances of the case, the writ petition is disposed of directing the lst respondent-Pachayat to consider Ext.P2 complaint and pass appropriate orders thereon, after affording an opportunity of being heard to the petitioner and the 2nd respondent, within a period of six weeks from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. kcv.