IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 20370 of 2010(U) -------------------------- PETITIONER: --------------- CHACKO, S/O. MATHAI, AGED 65 YEARS, EDANATTU HOUSE,PIRAVOM VILLAGE, PIRAVOM KARA, ERNAKULAM DISTRICT. PIN – 686 664. BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S): ------------------ 1. THOMAS, S/O. MATHAI, AGED 65 YEARS, EDANATTU HOUSE,PIRAVOM VILLAGE, PIRAVOM KARA, ERNAKULAM DISTRICT. PIN – 686 664. 2. PATHROS, S/O. MATHAI, EDANATTU HOUSE,PIRAVOM VILLAGE, PIRAVOM KARA, ERNAKULAM DIST. PIN – 686 664. 3. MATHEN S/O. MATHAI EDANATTU HOUSE,PIRAVOM VILLAGE, PIRAVOM KARA, ERNAKULAM DIST. PIN – 686 664. 4. ANUKUTTY, D/O. MATHAI, EDANATTU HOUSE,PIRAVOM VILLAGE, PIRAVOM KARA, ERNAKULAM DIST. PIN – 686 664. 5. MARIYAMMA, D/O. MATHAI, EDANATTU HOUSE,PIRAVOM VILLAGE, PIRAVOM KARA, EERNAKULAM DIST. PIN – 686 664. 6. THE SECRETARY, PIRAVOM GRAMA PANJAYATH, PIRVOM, ERNAKULAM DISTRICT. PIN – 686 664. 7. THE DEPUTY DIRECTOR OF PANCHAYATH, PIRAVOM, ERNAKULAM DIST. PIN – 686 664. 8. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT. PIN – 682 030. 9. THE CIRCLE INSPECTOR OF POLICE, PIRAVOM. PIN – 686 664. 10. THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA. PIN – 686 661. ADV. SRI.GEORGE SEBASTIAN FOR R1 SRI.S.SREEKUMAR FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.20370/10 PETITIONER'S EXTS: EXT.P1: TRUE COY OF REPORT AND SKETCH DATED 15.9.06 SUBMITTED BY THE ADDITIONAL TAHSILDAR, TALUK OFFICE, MUVATTUPUZHA. EXT.P2: TRUE COPOY OF PETITION DATED 28.6.2010 SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT. EXT.P3: TRUE COPY OF PETITION DATED 28.6.10 SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT. RESPONDENTS EXTS: EXT.R1(A): TRUE COPOY OF THE WILL DATED 2.5.88 EXECUTED BY THE FATHER OF THE 1ST RESPONDENT. EXT.R1(B): TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21.1.10 ISSUED BY THE VILLAGE OFFICER, PIRAVOM. EXT.R1(C): TRUE COPY OF THE TAX RECEIPT DATED 11.1.2010 ISSUED BY THE VILLAGE OFFICER, PIRAVOM. EXT.R1(D): TRUE COPY OF THE RELEVANT PAGE OF THE VOTERS LIST SHOWING NAME OF THE 1ST RESPONDENT. EXT.R1(E): PHOTOGRAPH SHOWING RESIDENTIAL HOUSE IN WHICH 1ST RESPONDENT AND FAMILY WERE RESIDING. EXT.R1(F): PHOTOGRAPH OF THE SHED WHICH CONSTRUCTED NEAR TO THE OLD HOUSE OF FIRST RESPONDENT. EXT.R1(G): ATRUE COPY OF RELEVANT PAGES OF THE VOTERS LIST SHOWING THE PETITIONER'S NAME. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.20370 of 2010 ------------------------------------------ DATED THIS THE 20th DAY OF JULY, 2010 JUDGMENT The petitioner is aggrieved by the construction being effected by the 1st respondent in a property in which the petitioner along with respondents 1 to 5 are having ownership, according to the petitioner. The matter is pending before the Land Tribunal as O.A.No.92/2003. The property originally belonged to the father of the petitioner, Shri Mathai who died on 1.7.1989. 2. The 1st respondent is the brother of the petitioner. Alleging that the 1st respondent is trying to put up a residential house in the property, which is the subject matter of the Original Application before the Land Tribunal, this Writ Petition has been filed. It is pointed out by the petitioner in the Writ Petition that even though the petitioner moved the Tribunal for getting an interim order, because of the delay in the matter, he is constrained to approach this Court. 3. The first respondent has filed a counter affidavit stating that as per a 'will' executed by the father, he is entitled to W.P.(C)No.20370/10 -2- hold the property in question. Exhibit R1(a) is a copy of the 'will''. It is pointed out that the Piravom Panchayat has granted building permit to the 1st respondent under the EMS Housing Scheme to construct a building. 4. The learned counsel for the petitioner prayed that the Land Tribunal may be directed to dispose of the matter expeditiously and the petitioner may be allowed to approach the Panchayat to seek cancellation of the benefit granted to the 1st respondent on the plea that the claims of others have not been considered by the Panchayat. 5. Therefore the Writ Petition is disposed of directing the Land Tribunal to pass final orders on O.A.No.92/2003, which is stated to be at the final stage of taking evidence, within a period of five months from the date of receipt of a copy of this judgment. It is open to the petitioner to approach the Panchayat, if he has got any grievances in the matter and if appropriate representation is filed, the Panchayat will take a decision on the same with notice to the petitioner and the 1st respondent. The Writ Petition is disposed of as above. dsn T.R.RAMACHANDRAN NAIR, JUDGE