IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 4364 of 2009(T) ------------------------- PETITIONER(S): --------------- CHERAKKATTIL ABDULLA, MANAGER, A.M.L.P.SCHOOL, EDAKKAI, VAZHANKADA. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. THE SECRETARY, ALIPARAMBA GRAMA PANCHAYATH, PARAL, P.O.THOOTHA. 2. THE SENIOR TOWN PLANNER, OFFICE OF THE SENIOR TOWN PLANNER, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. C.K.MUSTHAFA, S/O.KUNHAHAMMED, CHEMBAMKUZHIYIL, EDAKKAL, ALIPARAMBA. ADV. SRI.DEVIDAS.U.K FOR R1 SRI.V.MUHAMMED RAFEEQ FOR R1 SRI.P.C.SASIDHARAN FOR R4 GOVERNMENT PLEADER SMT.T.B.REMANI FOR R2 - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4364 of 2009 APPENDIX EXT.P1: TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ALIPARAMBA DATED 29/8/2008 IN FAVOUR OF THE PETITIONER EXT.P2: TRUE COPY OF THE CIRCULAR DATED 17/12/2007 ISSUED BY THE DIRECTOR OF GENERAL EDUCATION EXT.P3: TRUE COPY OF THE ORDER DTAED 31/5/2008 OF THE SENIOR TOWN PLANNER, THIRUVANANTHAPURAM EXT.P4: TRUE COPY OF THE LETTER NO.D2/5771/08 DTAED 17/9/2008 OF THE SECOND RESPONDENT EXT.P5: TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, ALIPARAMBA DATED 26/3/2007 EXT.P6: TRUE COPY OF THE REPORT OF THE ADDL.TAHSILDAR, PERINTHALMANNA DATED 19/6/2007. EXT.P7: TRUE COPY OF THE LETTER DATED 20/1/2009 ISSUED BY THE FIRST RESPONDENT EXT.P8: PHOTOGRAPH SHOWING THE PLIGHT OF THE EXISTING SCHOOL BUILDING EXT.P9: PHOTOCOPY OF REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S.NO.120/2008, REFERRED TO IN THE REPLY AFFIDAVIT. EXT.P10: PHOTOCOPY OF SKETCH SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S.NO.120/2008, REFERRED TO IN THE REPLY AFFIDAVIT. EXT.P11: PHOTOCOPY OF SITE PLAN OF THE PROPOSED SCHOOL, BUILDING PA TO JUDGE T.R.RAMACHANDRAN NAIR .J ------------------------------------------------- W.P.(C).No.4364 of 2009 ------------------------------- Dated this the 13th November,2009 JUDGMENT The petitioner is the Manager of AMLP School, Edakkai. He is the owner of 28 cent of property in Sy.No.118/3B of Paral amsom, Perinthalmanna Taluk. The petitioner is aggrieved by Ext.P7 communication issued by the Aliparamba Grama Panchayath viz. the first respondent, whereby the request of the petitioner for permission for construction of certain building for the school was kept in abeyance awaiting final judgment in Crl.R.P.No.4035/2008. The petitioner, has moved the authority concerned for making the construction in the light of Ext.P2 circular issued by the Director of General Education. The petitioner relied upon by Ext.P3 order dated 31/5/2008 issued by Senior Town Planner, Thiruvananthapuram, in the matter. 2. The fourth respondent is opposing the construction proposed to be made by the petitioner on the plea that it will encroach upon a pathway which is used by the public. According to the learned counsel for petitioner there is no pathway as such . 3. The Crl.R.P.No.4035/2008 which was pending before this court has been disposed by order dated 7/10/2009. The said Crl.R.P W.P.(C).No.4364 of 2009 2 arose from the proceedings before the Sub Divisional Magistrate under section 133(1) of Cr.P.C. The Dispute was regarding the public nature of the pathway concerned. After noticing that the civil suit is pending before the Munsiff's Court, Perinthalmanna viz. O.S.No.120/2007 which is filed by the petitioner himself seeking for permanent prohibitory injunction, this court has directed the Sub Divisional Magistrate to stop the proceedings and the stay the same by invoking section 137(2) of Cr.PC. It is also made clear in the judgment that since the matter has been seized by the civil court the parties are bound to maintain status quo till the suit is disposed or until otherwise it is ordered by the civil court or thereafter an order is passed by the lower court, in case it is warranted. 4. In the light of the above decision, it is open to the petitioner to produce the judgment in Crl.R.P.No.4035/2008 before the Panchayath. It is made clear that any action by the Panchayath further will be only after hearing the necessary parties including the fourth respondent. Accordingly the writ petition is disposed. No Costs. T.R.RAMACHANDRAN NAIR, JUDGE ssn W.P.(C).No.4364 of 2009 3 ssn