IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 2338 of 2010(N) ------------------------- PETITIONER(S): --------------- CHERIACHAN GEORGE, S/O.VARKEY, AGED 51 YEARS, NEERAMPUZHA HOUSE, THENNATHUR KARA, KODIKULAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): --------------- 1. ASST.EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), THODUPUZHA. 2. KODIKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KODIKULAM, THODUPUZHA TALUK. 3. M.J.JOSE, MAKUNNEL HOUSE, PARAPUZHA KARA, KODIKULAM VILLAGE, THODUPUZHA TALUK. BY GP K,R,DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).2338/2010 -------------------- Dated this the 3rd day of February, 2010 JUDGMENT 1. Petitioner's complaint is that the 3rd respondent has trespassed into and constructed a building in a PWD road. According to the petitioner, this is despite the fact that such construction is not only in the PWD land but even without obtaining any building permit under the Kerala Municipality Building Rules which is applicable to the respondent Panchayat. 2. Along with I.A.1329/2010, petitioner has produced Ext.P3 complaint dated 7.1.2010 filed by him before the 2nd respondent. If as stated by the petitioner, Ext.P3 complaint has been received by the 2nd respondent, it is for the 2nd respondent to take necessary action on Ext.P3. 3. Therefore, without expressing anything on the merits of the allegations raised in the writ petition, and leaving it entirely open to the 2nd respondent to decide the issue, I dispose of this writ petition directing the 2nd respondent to take action on Ext.P3 W.P.(C).2338/2010 2 with notice to the 3rd respondent. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment along with the copy of the writ petition. ANTONY DOMINIC, Judge mrcs