IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 16066 of 2008(K) ----------------------------------------- PETITIONER: ---------------------- MARY BABY, MALIKKUDY HOUSE AIMURI PO, KOOVAPPADY, PERUMBAVOOR. BY ADV. SRI.N.K.KARNIS SMT.PADMAJA PADMANABHAN RESPONDENTS: ------------------------- 1. THE SECRETARY, KOOVAPPADY GRAMA PANCHAYATH, KOOVAPPADY, PERUMBAVOOR. 2. KOOVAPPADY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY KOOVAPPADY PO, PERUMBAVOOR. 3. ADDL. TAHSILDAR,KUNNATHUNADU TALUK, PERUMBAVOOR. BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR - R3 BY ADV. SMT.JAYASREE MANOJ - R1 &2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16066/2008 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO.23756/07 DTD. 14/01/2008. EXT.P2: COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DTD. 26/03/2008. EXT.P3: COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER. EXT.P4: COPY OF THE RECEIPT FOR PAYMENT OF RS.240/- ISSUED BY THE 2ND RESPONDENT DTD. 28/03/2008. EXT.P5: COPY OF THE RECEIPT FOR PAYMENT OF RS.204/- ISSUED BY THE 2ND RESPONDENT DTD. 28/03/2008. EXT.P6: COPY OF THE BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT DTD. 28/03/2008. EXT.P7: COPY OF THE NOTICE NO.A2-386/06 DTD. 3/05/2008 ISSUED BY THE 1ST RESPONDENT. EXT.P8: COPY OF THE REPLY TO EXT.P7 SUBMITTED BY THE PETITIONER DTD. 12/05/2008. RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF THE NOTICE DTD. 20/06/2007 ISSUED BY THE PANCHAYATH TO THE PETITIONER. EXT.R2(B): COPY OF THE NOTICE DTD. 30/07/2007 ISSUED BY THE PANCHAYATH TO THE PETITIONER. EXT.R2(C): COPY OF THE NOTICE DTD. 26/12/2007 ISSUED BY THE PANCHAYATH TO THE PETITIONER. EXT.R2(D): COPY OF THE ORDER DTD. 06/03/2008 PASSED BY THE REVENUE DIVISIONAL OFFICER. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.16066/2008 ----------------------------------------------------------------- Dated this the 7th day of July, 2008 JUDGMENT Challenge in this writ petition is against Ext.P7. Though styled as a notice, by this communication, the Panchayat has canceled Ext.P6 building permit issued to the petitioner. 2. In view of the disputed facts, including Exts.P2 and P3 and also Ext.R2(d) order, I do not think it is proper for this court to examine in this proceedings the disputed questions of facts that are involved. The proper course open to the petitioner is to pursue the matter by filing necessary appeal against Ext.P7. 3. The counsel for the petitioner points out that, since Ext.P7 is dated 3.5.2008, the appeal by now has become time barred. 2 Taking note of the above submission, to avoid injustice to the petitioner, it is directed that, if the petitioner file a appeal within three weeks from today, the Tribunal shall entertain the appeal and consider the same on merits. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 3