IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 19990 of 2008(D) ------------------------------------ PETITIONER: ----------------- JUSTIN SHYLAS, S/O A. JOHN JUSTIN RAJAMANI, VASANTHA VLAS, 9 ROOMS LINE, NEAR R.C. CHURCH, MUNNAR, DISTRICT IDUKKI. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENTS: ---------------------- 1. MUNNAR GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY, MUNNAR, K.D.H. VILLAGE, DISTRICT IDUKKI. 2. THE REVENUE DIVISIONAL OFFICER, (R.D.O.) DEVIKULAM, DISTRICT IDUKKI 3. THE DEPUTY SUPERINTENDENT OF POLICE, DEVIKULAM, DISTRICT IDUKKI 4. THE CIRCLE INSPECTOR OF POLICE, MUNNAR, DISTRICT IDUKKI. 5. SAI, S/O LATE PALRAJ, BUILDING NO. M.G.P. IX/1336, (OLD) MUNNAR SETTLEMENT COLONY, MUNNAR. BY GOVERNMENT PLEADER SRI. K.V.MANOJKUMAR ADV. SRI.N.M.VARGHESE - R5 SRI.ROY THOMAS - R5 SRI.MATHEW SEBASTIAN - R5 SMT.AYSHA YOUSEFF, SC, MUNNAR G.PANCHAY - R1 SMT.MOLLY JACOB, SC, MUNNAR G.PANCHAYAT - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).19990/2008-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER DATED 16/06/08 IN I.A.783/08 IN O.S.142/08. EXT.P2: COPY OF O.S.142/08. EXT.P3: COPY OF COMMISSION REPORT IN I.A.78/08 IN O.S.142/08. EXT.P4: COPY OF ORDER DATED 18/12/07 OF INJUNCTION IN I.A.878/07 IN O.S.113/07. EXT.P5: COPY OF PETITION DATED 11/06/08 BEFORE 1ST RESPONDENT. EXT.P6: COPY OF PETITION DATED 19/06/08 BEFORE 1ST RESPONDENT. EXT.P7: COPY OF PETITION DATED 24/06/08. EXT.P8: COPY OF PETITION DATED 11/06/08 BEFORE SUB INSPECTOR OF POLICE. EXT.P9: COPY OF PETITION DATED 22/06/08 SUBMITTED BEFORE DYSP. EXT.P10. COPY OF NOTICE DATED 20/06/08 ISSUED BY 1ST RESPONDENT. EXT.P11: COPY OF REPORT FILED BY PANCHAYATH STAFF. RESPONDENT'S EXHIBITS: EXT.R5(a): COPY OF APPLICATION DATED 10/07/2008 SUBMITTED BY ME BEFORE THE MUNNAR GRAMA PANCHAYAT. EXT.R5(b): COPY OF COMPLAINT DATED 19/04/207 FILED BY THE RESPONDENTS AND OTHERS BEFORE THE SECRETARY MUNNAR GRAMA PANCHAYAT DATED 19/04/2007. EXT.R5(c): COPY OF NOTICE DATED 20/04/2007 ISSUED BY THE SECRETARY MUNNAR GRAMA PANCHAYAT TO THE PETITIONERS. // TRUE COPY // Rs/ ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 19990 of 2008 -------------------------------------------------------- Dated: JULY 15, 2008 JUDGMENT The prayer sought in this writ petition is to direct respondents 1, 3 and 4 to prevent illegal construction by the 5th respondent and the petitioner is also seeking a direction to the 1st respondent to dismantle and demolish the alleged illegal construction in Sy.No.917/1 of Kannan Devan Hills Village. 2. In answer to the plea of the petitioner that the said construction was without permit from the 1st respondent Panchayat, learned counsel for the 1st respondent Panchayat submits that they have received complaints in this behalf and that a stop memo has already been issued. 3. On the other hand, the 5th respondent would submit that they have already completed the construction which is disputed by the petitioner. 4. From the submissions made by the Panchayat itself it is evident that on receipt of the complaint from the petitioner, they have already initiated action and therefore it is for the 1st respondent to continue the proceedings and conclude the same WP(C) 19990/2008 2 with notice to the petitioner and the 5th respondent. On such enquiry, the 1st respondent shall pass final orders and implement the same in accordance with law. Therefore directing that pursuant to the stop memo already issued by the 1st respondent, final orders will be passed by the 1st respondent in the manner indicated above, as expeditiously as possible, and at any rate within six weeks of production of a copy of this judgment, this writ petition is disposed of. ANTONY DOMINIC JUDGE mt/-