IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 35478 of 2010(H) -------------------------- PETITIONER: --------------- C.K.N. & CO., SREEKUMAR BUILDINGS, CHALAKUDY, REP.BY PARTNER, PRAKASHKUMAR, AGED 46 YEARS, S/O.LATE C.KUMARAN NAIR. BY ADV. MR.V.M.KRISHNAKUMAR MS.ANITHA RAVINDRAN RESPONDENT: --------------- CHALAKUDY MUNICIPALITY REP.BY ITS SECRETARY, MUNICIPAL OFFICE, CHALAKUDY. ADV. MR.M.P.ASHOK KUMAR FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35478 of 2010(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PLAN WITH BUILDING PERMIT SANCTION ISSUED BY THE MUNICIPALITY. EXT.P2: NOTICE DTD. 28.11.2007 ISSUED BY THE MUNICIPALITY. EXT.P3: LETTER DTD. 18.3.2008 OF THE TAHSILDAR. EXT.P4: JUDGMENT IN W.P.(C).NO.4483/2009 DTD. 11.2.2009. EXT.P5: LETTER DTD. 20.3.2009 OF THE TALUK SURVEYOR. EXT.P6: LAST REPRESENTATION FILED BY THE PETITIONER DTD. 9.11.2010. EXT.P7: JUDGMENT IN W.P.(C).NO.35369/2010 DTD. 4.3.2011. RESPONDENT'S EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.35478 Of 2010 ---------------------- Dated this the 27th day of October, 2011. J U D G M E N T The writ petition is filed for a direction commanding the respondent to consider Ext.P5 and to permit the petitioner to construct the compound wall as per Ext.P1 plan. 2. Ext.P1 permission was granted for the construction of the compound wall. Ext.P2 is the stop memo dated 28.11.2007 issued by the respondent directing the petitioner to continue the construction only after the measurement of the property by the Taluk Surveyor and on further intimation from the Municipality. Proceedings were initiated on the allegation that there is puramboke thodu on the boundary of the petitioner’s property and that the petitioner is trying to encroach upon the said puramboke thodu. Pursuant to Ext.P2 notice, the Municipality addressed the Taluk Surveyor, Irinjalakkuda by Ext.P3 communication requesting the Taluk Surveyor to measure the property and verify whether there is encroachment and as to whether any portion of the alleged puramboke thodu is in the ::2:: W.P.(C).No.35478 Of 2010 possession of the petitioner. Ext.P3 is dated 18.3.2008. Since no action was taken by the Taluk Surveyor, petitioner preferred W.P.(C).No.4483/2009. This Court by Ext.P4 judgment dated 11.2.2009 disposed of the writ petition observing that the dispute can be resolved only if a proper survey is conducted and therefore directed the Taluk Surveyor, who is the 2nd respondent, to measure and ascertain whether there is any puramboke thodu inside the property of the petitioner. Subsequently, the Taluk Surveyor conducted survey measurement and informed the Secretary that there is no puramboke thodu in the said area. Copy of the communication is produced as Ext.P5. In the aforesaid circumstances, the petitioner submits that Municipality, who had issued Ext.P2 stop memo, has to permit the petitioner to construct the compound wall as per Ext.P1 plan. 3. This is a case where the Municipality approved the plan submitted by the petitioner to construct the compound wall. Construction was stopped due to issuance of Ext.P2 stop memo. In Ext.P2 the allegation was that there is puramboke thodu inside the property. The petitioner is relying on Ext.P5 communication ::3:: W.P.(C).No.35478 Of 2010 issued by the Tahsildar to the Secretary, wherein it is stated that there is no puramboke thodu in the said area and therefore, the petitioner submits that the respondent is duty bound to consider Ext.P5 and pass orders permitting the petitioner to complete the construction of the compound wall. 4. Taking into consideration Ext.P5 communication and other relevant materials, this Court is of the view that the petitioner is entitled to the relief sought for in the writ petition. Accordingly, the writ petition is disposed of directing the respondent to pass appropriate orders after considering Ext.P5 communication, within a period of one month from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. bkn/-