IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29068 of 2008(I) -------------------------- CMA.4/2008 of SUB COURT, NEDUMANGAD OS.182/2007 of PRL.MUNSIFF COURT,NEDUMANGAD .................... PETITIONER(S): --------------- VELLANAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VELLANAD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. SURENDRAN NAIR, S/O.KUNJUKRISHNA PILLAI, PAMMAMTHALA VEEDU, KANNAMPALLY, VELLANAD P.O., VELLANAD VILLAGE. 2. LALITHA KUMARI, W/O.SURENDRAN NAIR, PAMMAMTHALA VEEDU, KANNAMPALLY, VELLANAD P.O., VELLANAD VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (c) NO. 29068 of 2008 - I * * * * * * * * * * * * * * * * * * Dated: 7-10-2008 JUDGMENT The petitioner herein who is the Vellanad Grama Panchayath is the sole defendant in O.S. 182 of 2007 on the file of the Munsiff's Court, Nedumangad. The said suit was instituted by respondents 1 and 2 for a perpetual injunction restraining the defendant Panchayath from interfering with the construction which is being carried on in the plaint schedule building. Along with the suit the plaintiffs filed I.A. 1415 of 2007 seeking a temporary injunction. According to the plaintiffs, the ground floor of the plaint schedule building was constructed in the year 1993 and a building number was assigned to the same by the Panchayath. On 15-5-2006, plaintiffs filed an application before the defendant Panchayath for effecting construction of the first and second floor of the building. On 16-5-2006 the defendant Panchayath issued a no objection certificate. But when the construction of the first floor was started the defendant Panchayath at the instigation of some political leaders, issued notice to the plaintiffs requiring to stop the construction. It was under these circumstances that the suit as well as the application for temporary injunction were filed. W.P.C. 29068 of 2008 -:2:- 2. The petitioner resisted the application for temporary injunction contending inter alia as follows:- The plaintiffs had violated Section 220 (b) of the Panchayath Raj Act by not leaving three metres of open space from the public road. The no objection certificate was obtained by the plaintiffs by misleading the Panchayath stating that what was sought to be done was only maintenance work. 3. The trial court was not inclined to grant the interim injunction as prayed for. But the lower appellate court, namely, the Sub Court, Nedumangad allowed the plaintiffs' appeal (C.M.A. 4 of 2008) and issued the order of temporary injunction. Hence, this Writ Petition. 4. The learned counsel appearing for the petitioner also re-iterated the above contentions. It is to be noted that neither the Panchayath nor any member of the public had any objection regarding the construction of the ground floor of the building which was completed way back in the year 1993. The offending construction is only on the first and 2nd floor of the existing building. The lower appellate court has given very valid reasons as to why the plaintiffs had made out a strong case and ordered in their favour. Under these circumstances I am not inclined to interfere with the appellate order passed by the Sub Court. It is needless to state that the interlocutory orders passed by the courts will be subject to the result of the suit which is to be tried and disposed of expeditiously. The construction W.P.C. 29068 of 2008 -:3:- of the first and 2nd floor of the building will be subject to the final outcome of the suit. The suit will have to be disposed of uninfluenced by the findings and observations in the impugned orders. This Writ Petition is dismissed as above. Dated this the 7th day of October 2008. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.