IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 21463 of 2004(E) -------------------------------------- PETITIONER: ----------------- SEBASTIAN STENSILAVOOS S/O.THOMMAN DEVASIA, AGED 28 YEARS, R./A PERUNNILATHIL HOUSE, ERATTUPETTA. KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENTS: --------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA. 2. ERATTUPETTA GRAMA PANCHAYATH,ERATTUPETTA REP. BY ITS SECRETARY. 3. SECRETARY, ERATTUPETTA GRAMA PANCHAYATH, ERATTUPETTA. 4. DEPUTY DIRECTOR OF PANCHAYATH, KOTTAYAM. 5. SUPERINTENDENT OF SURVEY, KOTTAYAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW – R1, R4 ADV. SRI.V.K.MOHAMMED YOUSUF - R2,R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).21463/2004-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF LETTER DATED 12/10/2000 OF THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF CONSENT GIVEN BY SRI.GEORGE DATED 29/11/2002. EXT.P3: COPY OF THE NOTICE DATED 06/06/01 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE INTIMATION DATED 18/11/02 ISSUED BY THE TAHSILDAR, MEENACHIL. EXT.P5: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER SEEKING PERMISSION FOR THE CONSTRUCTION OF THE COMPOUND WALL DATED 10/12/02. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 07/06/03. EXT.P7: COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 12/06/03. EXT.P8: COPY OF THE MEMORANDUM OF APPEAL FILED AGAINST EXT.P7. DATED 24/07/03. EXT.P9: COPY OF THE ORDER DATED 21/07/03 ISSUED BY THE 3RD RESPONDENT REJECTING EXT.P5. EXT.P10: COPY OF THE JUDGMENT IN O.S. NO.25/94 OF THE SUB COURT PALA DATED 30/03/94. EXT.P11: COPY OF THE MEMORANDUM OF APPEAL AGAINST EXT.P9 DATED NIL . RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE LETTER DATED 16/06/01. EXT.R1(b): COPY OF THE RESOLUTION MADE BY THE 2ND RESPONDENT. // TRUE COPY // Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 21463 OF 2004 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T Petitioner is essentially aggrieved by Exhibit P9 order passed by the third respondent. Since the petitioner has a remedy before the Tribunal, this writ petition is disposed of as follows: 2. In the event of the petitioner approaching the Tribunal against Exhibit P9 within a period of one month from today, the same shall be treated to have been filed in time. Thereafter, the appeal shall be disposed of in accordance with law, expeditiously. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 21463 OF 2004 J U D G M E N T 18.07.2008