IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 12617 of 2009(V) ---------------------------------------- PETITIONER(S): ------------------------ K.J.JOSEPH, S/O.JOSEPH, AGED 55 YEARS, KUNNAPPALLIL HOUSE, PUTHUVELY, VELIYANNOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV.MR.KOSHY GEORGE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOTTAYAM. 3. VELIYANNOOR GRAMA PANCHAYAT VELIYANNOOR P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY. 4. SUB INSPECTOR OF POLICE, RAMAPURAM, KOTTAYAM DISTRICT. 5. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM. 6. ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, PALA. 7. THE ASSISTANT ENGINEER, KSEB, KURAVIANGADU MAJOR SECTION. 8. JAI ISSAC @ ITHAKK, KAMUKUMPALLIL HOUSE, PUTHUVELY P.O., VELIYANNOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 9. TAHSILDAR, MEENACHIL, PALA. R1, R2, R4 TO R6&R9 BY GOVERNMENT PLEADER MR. V.MANU R3 BY ADV.MR.P.C.HARIDAS R7 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B R8 BY ADVS.MR.V.G.ARUN, MR.T.R.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.12617/2009 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION DTD. 18/02/08 SUITED BY THE PETITIONER TO THE 3RD RESPONDENT. P2: COPY OF THE REPRESENTATION DTD. 18/02/08 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT. P3: COPY OF THE LETTER DTD. 01/04/08 OF THE 3RD RESPONDENT. P4: COPY OF THE STOP MEMO DTD. 28/02/08 ISSUED TO THE 8TH RESPONDENT. P5: COPY OF THE REPRESENTATION DTD. 17/04/2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P6: COPY OF THE APPLICATION FOR BUILDING PERMIT SUBMITTED BY THE 8TH RESPONDENT. P7: COPY OF THE LETTER OF THE 3RD RESPONDENT TO THE 8TH RESPONDENT. P8: COPY OF THE NOC ISSUED BY THE 5TH RESPONDENT TO THE 8TH RESPONDENT. P9: COPY OF THE AGREEMENT DTD. 05/01/08 EXECUTED BY THE 8TH RESPONDENT. P10: COPY OF THE BUILDING PERMIT IN FAVOUR OF THE 8TH RESPONDENT. P11: COPY OF THE JUDGMENT IN WPC.NO.12809/08 AND OTHER CONNECTED CASES. P12: COPY OF THE LETTER DTD. 28/08/08 OF THE 9TH RESPONDENT. P13: COPY OF THE PLANS PREPARED BY THE 8TH RESPONDENT. P14: COPY OF THE DEMOLITION NOTICE DTD. 28/12/08 ISSUED BY THE 3RD RESPONDENT TO THE 8TH RESPONDENT. P15: COPY OF THE LETTER DTD. 28/03/2009 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R3A: COPY OF THE LETTER DTD. 07/04/2009 OF THE 3RD RESPONDENT TO THE 4TH RESPONDENT. R3B: COPY OF THE LETTER DTD. 08/04/2009 OF THE 3RD RESPONDENT TO THE 8TH RESPONDENT. Kss ..2/- ..2.... WPC.NO.12617/2009 V R3C: COPY OF THE REPLY DTD. 17/04/2009 OF THE 8TH RESPONDENT. R3D: COPY OF THE REPRESENTATION DTD.11/05/2009 OF THE 8TH RESPONDENT. R3E: COPY OF THE NOTICE DTD. 18/05/2009 OF THE 3RD RESPONDENT TO THE 8TH RESPONDENT. R8(A): COPY OF THE BUILDING PERMIT DTD. 19/12/2007. R8(B): COPY OF THE REPRESENTATION DTD. 6/04/2008. R8(C): COPY OF THE SKETCH PREPARED BY THE TALUK SURVEYOR. R8(D): COPY OF THE LETTER DTD. 5/2/2009 SUBMITTED BY THE EXECUTIVE ENGINEER TO THE CHIEF ENGINEER. R8(E): COPY OF THE NO OBJECTION LETTER DTD. 3/11/2008 ISSUED BY THE EXECUTIVE ENGINEER (KSTP). R8(F): COPY OF THE REPLY TO THE SHOW CAUSE NOTICE DTD.17/04/2009. R8(G): COPY OF THE REPLY TO THE SHOW CAUSE NOTICE DTD. 11/05/2009. R8(H): COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT PANCHAYAT DTD. 18/05/2009. R8(I): COPY OF THE INTERIM ORDER OF THE TRIBUNAL DTD. 8/06/2009. R8(J): COPY OF THE PHOTOGRAPH SHOWING THE PRESENT STAGE OF CONSTRUCTION. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.12617 OF 2009 ------------------------------------------- Dated this the 24th day of June, 2009 JUDGMENT 1. The 8th respondent was carrying out a construction activity on the basis of a building permit issued by the third respondent Panchayat. Controversies arose as to whether the construction is in accordance with law and whether the building permit has been violated. The petitioner, 8th respondent and the Panchayat were before this Court on an earlier round of litigation, which resulted in Ext.P11 judgment. This Court noticed that the essential dispute revolves around the actual measurement of the land and certain other details relatable to the permit and plan and therefore, the revenue authorities were directed to measure out the property. Thereafter, on the basis of the report of the revenue department, the Panchayat issued Ext.P14 demolition notice. The consequential order of the Panchayat has been challenged by the 8th respondent before the Tribunal for Local Self WPC.12617/09 Page numbers Government Institutions and the said authority has granted an interlocutory order of stay. 2.As rightly pointed out by the learned counsel for the petitioner, the real issues arising for decision would be regarding the measurements, apart from which, parties stand concluded as per Ext.P11 judgment. But the fact of the matter remains that the 8th respondent would be eligible to agitate on the question of measurement and the identity of the amounts involved in the parcels measured out by the revenue authorities following Ext.P11 judgment of this Court. Those matters would be directly relevant to decide as to whether the structure in question is ultimately liable to be demolished. That issue is now pending before the competent statutory authority, viz., the Tribunal. 3.In the aforesaid circumstances, preserving all the rights of the petitioner, this writ petition is ordered, directing that the parties will stand bound by the proceedings before the Tribunal and on appropriate application by the petitioner, the WPC.12617/09 Page numbers Tribunal would permit him to participate in those proceedings. All interim orders in this case will stand regulated by such directions as may be obtained by any of the parties from the Tribunal. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/6.