IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 3949 of 2008(T) ------------------------- PETITIONER: ------------ VENMONY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY (IN-CHARGE), VENMONY P.O., CHENGANNUR TALUK, ALAPPUZHA DISTRICT BY ADV. SRI.B.RENJITHKUMAR RESPONDENTS: ------------- 1. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. 2. N. MEERAN, AGED 57 YEARS, S/O. ABDUL KARIM, KALARICKAL HOUSE,VENMONY P.O., CHENGANNUR TALUK, ALAPPUZHA DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3949 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 1st February, 2008 JUDGMENT The petitioner-Panchayat challenges in this Writ Petition Ext.P5 interim order passed by the Tribunal for Local Self Government Institutions. Under Ext.P5, the Tribunal has stayed Ext.P3 stop memo issued by the Panchayat to the 2nd respondent regarding the construction of a building. The view taken by the Tribunal in Ext.P5 is that it is admitted by the Panchayat that the construction has proceeded beyond the ground level when the KMBR came into force in the Panchayat. The Panchayat has a case that even when the KMBR is not applicable, regarding construction, the 2nd respondent was bound to obey Section 220(b) of the Kerala Panchayat Raj Act. I do not propose to go into the merits of the matter. It is only appropriate that the Tribunal hears the petitioner-Panchayat on all the grounds raised by the Panchayat in the appeal (Appeal No.1 of 2008) and takes a final decision in that appeal within six weeks of receiving copy of this judgment. Any construction which has continued on the strength of Ext.P5 will be at the risk of the 2nd respondent who will become liable to demolish the same if ultimately W.P.C.No.3949/08 - 2 - the appeal is decided in favour of the Panchayat. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE