IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9378 of 2008(N) ------------------------- PETITIONER: ------------ K.K.MATHEW KOCHALUM MOOTTIL PATHIYOOR KIZHAKKU, PATHIYOOR (P.O.) BY ADV. SRI.GEORGE MECHERIL RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT., LOCAL SELF GOVT., SECRETARIAT, THIRUVANANTHAPURAM 2. THE SECRETARY PATHIYOOR GRAMA PANCHAYATH PATHIYOOR P.O., ALAPPUZHA DISTRICT 3. PRAKASH KOCHU PARAMBIL THOTTATHUMURIYIL, PATHIYOOR P.O. ALAPPUZHA DISTRICT BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 9378 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008 JUDGMENT This writ petition has been filed by the petitioner who is aggrieved by what he describes as making of illegal constructions by the third respondent. On entertaining the complaint submitted by the petitioner, the Panchayat issued Ext.P2 stop memo. According to the petitioner, in gross violation of Ext.P2 stop memo, the party respondent is continuing with the constructions. Pursuant to a request made by the petitioner under the Right to Information Act, he has now been served with copy of the permit which had been granted to the party respondent. Ext.P5 is the copy of the permit. Meanwhile the petitioner has approached the civil court and Ext.P4 report submitted by the Advocate Commissioner appointed by the civil court, according to the petitioner, reveals that the on going constructions are illegal. 2. The prayers in the writ petition are to quash Ext.P5 building permit and for a direction to the third respondent to stop the WPC.No.9378/08 2 construction pending disposal of the writ petition. As far as the prayer for quashing Ext.P5 is concerned, it is seen that the petitioner is yet to exhaust the statutory remedies which are available to him against the building permit. As far as the prayer that the local authority should be directed to direct the third respondent to stop the constructions is concerned, it is seen that the local authority has already taken action and issued a stop memo. If it is the petitioner's case that stop memo is being violated, it is always open to the petitioner to file a petition before the Secretary of the Panchayat informing the Secretary as to what is happening and requesting the Secretary to seek the assistance of the local police for enforcing the stop memo. With the above observation, writ petition is dismissed. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.9378/08 3