IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 21780 of 2010(V) -------------------------- PETITIONER: --------------- CHANDRASEKHARAN, AGED 48 YEARS, S/O. DAMODHARAN, VELIPARAMBIL HOUSE, NETTOOR.P.O., ERNAKULAM. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN (OASIS) RESPONDENT(S): --------------- 1. MARADU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MARADU, ERNAKULAM DISTRICT. 2. THE SECRETRY (SPL. GRADE) MARADU GRAMA PANCHAYATH, MARADU, ERNAKULAM DIST. 3. THE TALUK SURVEYOR, KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM. ADV. SRI.S.CHANDRASENAN FOR R1 & R2 GOVT.PLEADER SMT.K.R.DEEPA FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.21780 of 2010 ----------------------------------------------------- DATED THIS THE 6th DAY OF AUGUST, 2010 JUDGMENT The petitioner seeks for a direction to the Panchayat to issue permit for construction a compound wall. He claims to be the absolute owner in possession of 9.435 cents of land comprised in R.S.No.269/9 in Block No.14 of Maradu Village. It was purchased by him as per Exhibit P1 sale deed. The petitioner has already completed the construction of the residential building and thereafter he sought permission to construct a compound wall on the northern side of the property. It is alleged in the Writ Petition that some of the neighbours, who are the members of the Residential Association of the locality, lodged an application before the 2nd respondent alleging encroachment of road by the petitioner. The Overseer of the Panchayat conducted an enquiry and reported that a boundary dispute is existing between the petitioner and the Panchayat. Thereafter, by Exhibit P2, the Secretary of the Panchayat informed the petitioner that in the light of the dispute with regard to the boundary, the petitioner will have to produce the sketch, certified by the W.P.(C)No. 21780/10 -2- revenue authorities concerned. 2. Thereafter the petitioner approached the 2nd respondent again and in the light of the request made by the Panchayat, it appears that the petitioner has filed an application before the 3rd respondent requsting to measure the property and issue a sketch of the property. It is pointed out that the 3rd respondent even though issued a notice as per Exhibit P4 informing the date of measurement of the property, he could not complete the same for the reason that the survey stone could not be traced out. 3. Presently, the position remains as such, without any further action either by the Taluk Surveyor or by the Panchayat. It is in these circumstances that the petitioner has filed this Writ Petition. 4. Heard the learned counsel appearing for the Panchayat. It is submitted by the learned counsel appearing for the Panchayat that the Resident's Association's objections cannot be discarded by the Panchayat and only in the light of the said complaint the Panchayat requested the petitioner to produce the survey sketch. It is submitted that after the completion of the W.P.(C)No. 21780/10 -3- survey by the 3rd respondent and after the petitioner produces the survey measurement, the application to issue permit for construction of the compound wall can be considered. 5. The learned counsel for the petitioner prays for a direction to the 3rd respondent to complete the measurement within a specified time and issue the survey sketch after taking the measurement. 6. In that view of the mater, there will be a direction to the 3rd respondent to take appropriate action to complete the survey as requested for by the petitioner within a period of two months from the date of receipt of a copy of this judgment and issue the sketch. The petitioner will produce a copy of the Writ Petition along with a copy of the judgment before the 3rd respondent for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn