IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21253 of 2009(B) -------------------------------------- PETITIONER(S): --------------------- LAKSHMIKUTTY, AGED 51 YEARS, W/O. RAMACHANDRAN NAIR, THOZHELI HOUSE, CHELAMATTOM VILLAGE, CHELAMATTOM KARA, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): ----------------------- 1. THE OKKAL GRAMA PANCHAYAT, REP. BY ITS SECRETARY, OKKAL GRAMA PANCHAYAT OFFICE, OKKAL P.O., ERNAKULAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV.SRI.K.R.DEEPU, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 21253 OF 2009 ............................................ DATED THIS THE 29th DAY OF JULY, 2009 JUDGMENT Notice to first respondent dispensed with, preserving its right to move for re-hearing of this writ petition, if aggrieved by the directions contained herein. The learned Government Pleader appears for the second respondent. 2. The petitioner challenges Ext.P5, a stop memo issued in relation to a construction and also to demolish certain portions of the building. Admittedly, the building permit was issued on 19.5.2009. The allegation against the petitioner is that she is constructing in variance of the plan and permit and has not maintained the distance as is required from the road. Ext.P5 is not shown to have been preceded by any other notice. Accordingly, it is ordered that Ext.P5 will be treated as a notice and the petitioner's objection thereto will be considered by the first respondent and decided upon. It is submitted that Ext.P6 has already been placed. Let that be considered. Pending consideration of Ext.P6, it is ordered that demolition order as Wpc 21253/2009 2 contained in Ext.P5 will stand suspended and the petitioner shall not carry on any construction in that portion of the building which is on the side of the road in question. Let a decision follow within a period of three weeks from the date of receipt of a copy of this judgment and a copy of this writ petition. Petitioner shall place such material before the first respondent at the earliest. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/30/7