IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 16227 of 2006(F) -------------------------------------- PETITIONER: ------------------- R.M.UNNITHAN, S/O.RAMAKRISHNAN UNNITHAN, AGED 45 YEARS, RESIDING AT KALLUKUZHI PUTHANMATTOM, MAVELIKARA. BY ADV. SRI.A.SHAFEEK. RESPONDENTS: ----------------------- 1. THE MAVELIKARA MUNICIPALITY, REP. BY ITS SECRETARY, MAVELIKARA. 2. SARASWATHY AMMA, SREE RANGAM, MATTAM NORTH, KANNAMANGALAM VILLAGE, MAVELIKARA. BY ADV. SRI.K.HARILAL, ADV. SRI.R.GOPAN, ADV. SRI.R.RENJITH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16227/2006-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 12/07/2005 SUBMITTED BEFORE THE R.1. EXT.P.2: COPY OF THE REPRESENTATION DTD. 12/08/2005 SUBMITTED BEFORE THE RDO, CHENGANNUR. EXT.P.3: COPY OF THE REPORT DTD. 01/09/2005 SUBMITTED BY THE TAHSILDAR, MAVELIKARA. EXT.P.4: COPY OF THE JUDGMENT DTD. 25/01/2006 OF THIS HONOURABLE COURT IN W.P.(C). NO. 34778/2005. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEO. EXT.P.6: COPY OF THE REPRESENTATION DTD. 13/01/2006 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.7: COPY OF THE SITE LOCATION MAP APPROVED BY THE R1. EXT.P.8: COPY OF THE LETTER DTD. 24/03/2006 SENT BY THE R.1. EXT.P.9: COPY OF THE REPRESENTATION DTD. 01/05/2006 SENT BY THE PETITIONER. EXT.P.10: COPY OF THE LETTER DTD. 17/05/2006 SENT BY THE R.1. TO THE PETITIONER. EXT.P.11: COPY OF THE ORDER DTD. 20/05/2006 OF THE RDO, CHENGANNUR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.16227 of 2006 ----------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT The writ petition is filed with the following prayer:- i) issue a writ of mandamus or any other appropriate writ, order or direction compelling the 1st respondent to take action against the 2nd respondent for encroaching upon the public pathway and constructing the building in violation of the Municipalities Act and Building Rules. In case no action has yet been taken in the matter the petitioner may produce a copy of this judgment along with a copy of the writ petition before the first respondent in which case appropriate action in accordance with law in the matter will be taken with notice to the petitioner, the second respondent and other affected parties, within another four months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.16227 of 2006 ----------------------------------- JUDGMENT 5th September, 2008