IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 3115 of 2010(L) ------------------------- PETITIONER(S): --------------- 1. VARGHESE THOMAS, S/O.LATE THOMAS, AGED 34 YEARS, KULANGARA HOUSE, KAPRASSERY, NEDUMBASSERY P.O. 2. SABU THOMAS, S/O.LATE THOMAS, AGED 32 YEARS, KULANGARA HOUSE, KAPRASSERY, NEDUMBASSERY P.O. BY ADV. SRI.T.K.AJITHKUMAR (VALATH) RESPONDENT(S): --------------- 1. THE CHENGAMANAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYATH OFFICE, PUTHUVASSERY, NEDUMBASSERY P.O. 2. K.K.SAJEEVAN, AGED ABOUT 45 YEARS, KOTTANATH HOUSE, KAPRASSERY, NEDUMBASSERY P.O. ADV. SRI.JAICE JACOB FOR R2 SRI.P.M.BENZIR FOR R2 SRI.G.G.MANOJ FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).3115/2010 -------------------- Dated this the 8th day of March, 2010 JUDGMENT Petitioners allege that the 2nd respondent has established a furniture unit, close to their residential premises and that too without obtaining any licence from the Panchayat or other authority. It is stated that the Panchayat had issued Ext.P2 stop memo requiring the 2nd respondent to stop functioning of the unit and that Ignoring the same, he continued with his activities and therefore, the petitioner filed Ext.P3 complaint. Thereupon the Panchayat again issued Ext.P5, a second stop memo. In this writ petition what is complained of is that despite stop memos, the 2nd respondent still continues to operate his unit and that the Panchayat is also remaining inactive. 2. If as stated by the petitioners the stop memos are still in force, it is the duty of the Panchayat to ensure that the 2nd respondent complies with the stop memos. Having regard to the allegations of the petitioner that the 2nd respondent is continuing W.P.(C).3115/2010 2 with his functioning of the unit ignoring the stop memos, it is directed that on the production of a copy of this judgment, 1st respondent shall ensure that the 2nd respondent complies with Exts.P2 and P5, if they are still in force. This the 1st respondent shall do without any default. Petitioners may produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs