IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 8199 of 2008(A) ------------------------- PETITIONER: ------------ C.K.MOHANAN, S/O. KRISHNAN (LATE),USHUS, HOUSE NO.13/430, PO, MARADU, ERNAKULAM DISTRICT, PIN 682304. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ------------- 1. THE SECRETARY, MARADU GRAMA PANCHAYAT, MARADU, ERNAKULAM DISTRICT,PIN 682304. 2. K.M.BEENA W/O. A.C.DASAN,NIKATHIL HOUSE, SOCIETY ROAD, MARADU, ERNAKULAM DISTRICT PIN 682304. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 8199 of 2008 ---------------------------------- Dated this the 11th day of March , 2008 JUDGMENT The grievance, which the petitioner has voiced in this writ petition, is that the second respondent is constructing a building in violation of the statutory Building Rules and by encroaching into the petitioner's property. The petitioner has a further grievance that though the petitioner filed application before the Secretary of the Panchayat for a certified copy of the approved plan submitted by the second respondent, on the basis of which the second respondent is constructing building, copy has not been given to him. 2. I do not propose to go into the merits of the matter. It is seen that Ext.P4 complaint has been submitted by the petitioner's wife voicing the petitioner's grievance before the Secretary. The Secretary of the Panchayat will take up Ext.P4 immediately, issue notice to the second respondent and conduct WPC No.8199/2008 2 local inspection immediately with notice to the petitioner and the second respondent and take such action on Ext.P4 as is warranted by the impressions gathered in the local inspection and hearing. Similarly there will be a direction to the first respondent to consider Ext.P5 and grant the request therein on condition that the petitioner remits the requisite charges. The Secretary of the Panchayat will comply with the directions pertaining to Ext.P4 within one month of receiving a copy of this judgment. As regards Ext.P5, the Secretary of the Panchayat shall ensure compliance within the direction within ten days of receiving a copy of this judgment. The Writ Petition is disposed of with the above directions. PIUS C. KURIAKOSE, JUDGE. dpk