IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 21506 of 2010(K) ----------------------------------------- PETITIONER(S): ------------------------- S.RAJAN, S/O.SIVANANDAN, AGED 50 YEARS, RESIDING AT THEKKEPULIMOOTTUKADAVIL VEEDU, KALADY, IRANIMUTTOM, MANACAUD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.V.PHILIP MATHEWS RESPONDENT(S): --------------------------- 1. KULANADA GRAMA PANCHAYATH (SPECIAL GRADE), KOZHENCHERRY, PANDALAM, REP. BY ITS SECRETARY, KULANADA P.O., PATHANAMTHITTA DISTRICT, PIN-689 503. 2. THE SECRETARY, KULANADA GRAMA PANCHAYATH, KOZHENCHERRY, PANDALAM, KULANADA P.O., PATHANAMTHITTA DISTRICT,PIN-689 503. 3. VILLAGE OFFICER, KULANADA P.O., PATHANAMTHITTA DISTRICT, PIN-689 503. 4. NARAYANA PILLAI, THONDATHARA HOUSE, KULANADA P.O., PATHANAMTHITTA, PIN-689 503. R3 BY GOVERNMENT PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR, J. -------------------------------------- W.P.(C) No.21506 OF 2010 -------------------------------------- Dated this the 12th day of July, 2010 J U D G M E N T ~~~~~~~~~~~ Aggrieved by the delay in the disposal of an application for construction of a compound wall, the petitioner has filed this Writ Petition, seeking appropriate direction in the matter. 2. The petitioner claims to be the owner and is in possession of 40.01 Ares of land along with its extension (Virivu) in Survey Nos. 362/8 and 362/10 of Kulanada Village. There was a dispute with the 4th respondent, which led to the filing of O.S.No.27/2007 and the suit was decreed on 27.8.2009. 3. The petitioner applied for a permit to construct a compound wall, as per Ext.P4. Ext.P5 is the fee receipt issued by the Panchayat dated 16.3.2010. Later, he received a notice (Ext.P6) stating that the petitioner unauthorisedly filled the property allotted to the 4th respondent by way of Kuttakapattom and further directing him to stop the work. By Ext.P7, he submitted an explanation for the matter. Thereafter, the petitioner was asked to produce the location sketch, as per W.P.(C) No.21506/2010 2 Ext.P8 communication. It is the case of the petitioner that eventhough the same has been complied with and he has again submitted Exts.P9 and P10 applications in the matter, no further action is being taken. It is submitted that the construction of a compound wall is an urgent necessity to protect the property as he is residing in Trivandrum. 4. There will be a direction to the 2nd respondent to consider the application for construction of the compound wall submitted by the petitioner and communicate the same to the petitioner, within a period of one month from the date of receipt of a copy of this judgment. If there is any dispute raised by the 4th respondent in the matter, the petitioner and the 4th respondent be issued notices in the matter, before taking decision. The petitioner will produce a coy of this Writ Petition along with a copy of the judgment before the 2nd respondent for compliance. The Writ Petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ps