IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 27058 of 2008(U) -------------------------- PETITIONER(S): --------------- K.RADHAMONI, AGED 65 YEARS, W/O.LATE P.S.VASUDEVAN PILLAI, PUTHENMADOM, RANNI-PERUNAD P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.TOM JOSE (PADINJAREKARA) RESPONDENT(S): --------------- 1. RANNI PERUNAD GRAM PANCHAYATH , REPRESENTED BY ITS SECRETARY, RANNI-PERUNAD. 2. P.S.MOHANAN, TALUK SECRETARY CPI (M), RESIDING AT PARACKAL HOUSE, MADTHUMOOZHY, RANNI-PERINAD P.O., PATHANAMTHITTA DISTRICT. 3. HARI DAS, DISTRICT COMMITTEE MEMBER CPI (M), VICE PRESIDENT, RANNI-PERUNAD GRAMA PANCHAYATH RESIDING AT SWANTHANAM, MADAMON, RANNI- PERUNAD, PATHANAMTHITTA DISTRICT. ADV. DR.K.P.SATHEESAN FOR R1 & R2 SRI.K.K.GOPINATHAN NAIR FOR R1 & R2 SRI.M.R.JAYAPRASAD FOR R1 & R2 SRI.P.MOHANDAS (ERNAKULAM) FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON 18/06/2009 DELIVERED THE FOLLOWING: WP(C)No.27058/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE PLAN PERMIT ISSUED BY THE 1ST RESPONDENT DATED 30.07.2008. EXHIBIT P2: TRUE COPY OF THE JUDGMENT OF THIS COURT DATED 17.08.2007 IN W.P.(C) 18783/2007. EXHIBIT P3: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER ON 27.08.2008. EXHIBIT P4: TRUE COPY OF THE POSTAL RECEIPTS DATED 27.08.2008. EXHIBIT P5: COMPLAINT FILED BEFORE THE JFMC, RANNI DTD 30.08.2008. EXHIBIT P6: TRUE COPY OF THE SUSPENSION ORDER NO.W.B-32/08-09 DATED 29.08.2008, POSTED ON 30.08.2008 & RECEIVED ON 01.09.2008. EXHIBIT P7: TRUE COPY OF THE LETTER WRITTEN BY THE FORMER SECRETARY OF THE 1ST RESPONDENT DATED 09.07.2007. EXHIBIT P8: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 26.08.2008. EXHIBIT P9: TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PARTS OF THE COMPOUND WALL. EXHIBIT P10: TRUE COPY OF THE PETITION DATED 25.08.08. EXHIBIT P11: TRUE COPY OF THE CHARGE SHEET IN C.C.NO.545/08 OF THE J.F.M.C, RANNI. EXHIBIT P12: TRUE COPY OF THE COUNTER FILED IN W.P.(C) NO.30362/08. EXHIBIT P13: TRUE COPY OF THE ORDER IN W.P.(C)NO.30362/08 DTD3.11.08. EXHIBIT P14: TRUE COPY OF THE F.I.R IN CRIME NO.237/08 DATED 15.11.08 OF PERUNAD POLICE STATION. EXHIBIT P15: TRUE COPY OF THE C.M.P.NO.2333/08 OF J.F.M.C, RANNI DATED 26.9.2008. EXHIBIT P16: TRUE COPY OF THE PHOTOS OF DEMOLITION DTD 30.8.2008. EXHIBIT P17: THE TRUE COPY OF THE PLAN & LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, PERUNAD DTD.17.9.2001. RESPONDENTS' EXHIBITS: EXHIBIT R1(a): TRUE COPY OF THE QUESTIONER GIVEN BY THE PETITIONER TO THE FIRST RESPONDENT DATED 26.8.2008. WP(C)No.27058/2008 EXHIBIT R1(b): TRUE COPY OF THE REQUEST MADE BY THIS RESPONDENT DATED 29.8.2008 BEFORE THE TAHSILDAR, RANNI. EXHIBIT R1(c): TRUE COPY OF THE REQUEST MADE BY THIS RESPONDENT TO THE ASSISTANCE EXECUTIVE ENGINEER, P.W.D.(ROADS), RANNI DATED 29.8.2008. /TRUE COPY/ P.A.TO JUDGE vgd S.SIRI JAGAN ----------------------------- WP(C) No.27058 of 2008 --------------------------------- Dated this the 18th day of June, 2009 JUDGMENT The petitioner obtained Ext.P2 - permit from the 1st respondent, for construction of a compound wall and gate abutting a public road. Subsequently, allegedly motivated by extraneous considerations the 1st respondent issued Ext.P6 stop memo on the ground that complaints have been received that the construction is encroaching into the public road. The petitioner is challenging Ext.P6 order. According to the petitioner P6 order is passed at the instance of the 2nd & 3rd respondents, who are the office bearers of the Taluk Committee of the leading ruling political party in the state. The petitioner therefore seeks the following reliefs: “ i) issue a writ of Certiorari or other writ or order or direction to quash the Ext.P6 suspension order of Ext.P1 permit issued by the 1st respondent. ii) To declare that the petitioner is entitled to construct the compound wall as per Ext.P1 Permit & approved plan. iii) To call for the records from the 1st Respondents pertaining to the complaints iv) Grand such other relief as this Hon'ble Court deems fit and proper.” 2. When the matter was taken up today, the counsel for the Panchayath hands over to me a communication received from the Panchayath, Ranni, Perunad effect that as per the request of the Panchayath the property of the petitioner has been surveyed by the survey authorities and the boundaries have been fixed as per Rules. The same shows that the construction is not encroaching into the road. In W.P.C.No.27058 of 2008 2 the above circumstances, the counsel for the 1st respondent Panchayath submits that there is no objection in the petitioner continuing construction in accordance with Ext.P1 permit. This is recorded and the writ petition is closed. S.SIRI JAGAN JUDGE vgd