IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WP(C).No. 28159 of 2010(T) -------------------------------------- PETITIONER: ------------------- AYISHA BEEVI, W/O.LATE AHMADKUTTY, AGED 65, RESIDING AT ODINCHILIL HOUSE, THIRUTHIYAD, VAZHAYOOR, MALAPPURAM DISTRICT. BY ADVS. SRI.HARISH R. MENON, SRI.K.T.SHYAMKUMAR. RESPONDENTS: ------------------------ 1. THE DEPUTY DIRECTOR OF PANCHAYATH, MALAPPURAM, MALAPPURAM DISTRICT, PIN – 676 505. 2. VAZHAYOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VAZHAYOOR, MALAPPURAM DISTRICT, PIN – 676 505. 3. ABDUL GAFOOR .P.A. S/O.MOIDEEN KOYA, RESIDING AT ODINCHILIL HOUSE, THIRUTHIAD, VAZHAYOOR, MALAPPURAM DISTRICT, PIN – 676 505. R1 BY GOVERNMENT PLEADER SRI. S. REMESH, R2 BY ADV. SRI.V.RAJENDRAN, R3 BY ADVS.SRI.AUGUSTINE JOSEPH, SRI.K.S.ROCKEY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28159/2010-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PARTITION DEED NO.1171/1970 OF SRO FEROKE. EXT.P.2: COPY OF THE COMPLAINT DTD. 17/11/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.3: COPY OF THE COMPLAINT DTD. 16/12/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.4: COPY OF THE COMPLAINT DTD 21/08/2010 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.5: COPY OF THE RECEIPT DTD. 21/08/2010 ISSUED BY THE R.2. EXT.P.6: COPY OF THE COMPLAINT DTD. 04/09/2010 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.7: COPY OF THE RECEIPT DTD. 04/09/2010 ISSUED BY THE R.2. EXT.P.8: COPY OF THE SKETCH. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 28159 OF 2010 -------------------------------------------- Dated this the 6th day of April, 2011 JUDGMENT The petitioner who is the absolute owner in possession of 35 cents of land in Sy.No.28/16 in Block No.6 of Vazhayoor village filed this Writ Petition alleging unauthorised construction effected by the third respondent in Re.Sy.No.28/13 of Vazhayoor village. Feeling aggrieved by the action on the part of the third respondent, the petitioner has preferred Exts.P2, P3, P4 and P6 representations before the second respondent. This Writ Petition has been filed mainly aggrieved by the inaction on the part of the second respondent despite the receipt of Exts.P2, P3, P4 and P6 representations. 2. The learned counsel for the 3rd respondent submitted that on account of the pendency of this Writ Petition, he is not in a position to obtain occupancy certificate despite the completion of construction in accordance with the building permit granted by the panchayath and also the approved plan. I do not propose to consider the contentions raised in this Writ Petition, on merits. Taking note of the fact that the petitioner has W.P.(C) NO.28159/2010 2 already approached the second respondent raising grievances through Exts.P2, P3, P4 and P6 representations and, they are pending before the second respondent, this Writ Petition is disposed of with a direction to the second respondent to consider and pass orders on Exts.P2, P3, P4 and P6 expeditiously, at any rate, within a period of four weeks from today. Needless to say that before passing orders thereon, the petitioner as also the third respondent shall be afforded with an opportunity of being heard. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.28159/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.28159/2010 4