IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 29037 of 2008(F) -------------------------- PETITIONER(S): --------------- 1. M.M.ALIYAR, MANGALATHU PARAMBIL HOUSE, PALLARIMANGALAM P.O. POTHANIKKAD VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DIST. 2. SUMA B.JOHN, PULLAYATTUTHUKALAN HOUSE, THIRUVANKULAM P.O., ERNAKULAM DIST. BY ADV. SRI.T.R.RAJAN RESPONDENT(S): --------------- 1. THE VADAVUCODE PUTHENCRUZ GRAMA PANCHAYATH REP. BY ITS SECRETARY, PUTHENCRUZ P.O 2. THE SECRETARY, PUTHENCRUZ VADAVUCODE PUTHENCRUZ GRAMA PANCHAYATH, PUTHENCRUZ P.O 3. THE SUB INSPECTOR OF POLICE, AMBALAMEDU POLICE STATION. 4. SMT.LIZZY, W/O.A.I.KURIACHAN, AIDAYANAL HOUSE, NJARALLOOR KARA, KIZHAKKAMBALAM VILLAGE, ERNAKULAM DIST. ADV. SRI.P.A.AUGUSTINE(AREEKATTEL) FOR R4 GOVERNMENT PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29037 of 2008 APPENDIX EXT.P1: COPY OF THE STOP MEMO DATED 29.7.2008 BEARING NO.A3-400/2007 ISSUED BY R2. EXT.P2; COPY OF THE PETITION DATED 22.9.2008 SUBMITTED BY THE PETITIONERS BEFORE R2. RESPONDENTS' EXHIBITS EXT.R4(a): COPY OF THE REPLY FILED BY MRS. AISHA BEFORE THE 1ST RESPONDENT PANCHAYAT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.29037 OF 2008 ---------------------------------------- Dated this the 12th day of December, 2008 JUDGMENT The petitioner is aggrieved by the inaction on the part of respondents 1 to 3 in the matter of enforcing Ext.P1 stop memo issued to the 4th respondent against unauthorised construction sought to be put up by the 4th respondent. 2. I have heard the learned counsel for both parties. It is not disputed before me by the parties that Ext.P1 stop memo is still in force. That being so, respondents 1 to 3 are bound to enforce the same. 3. The learned counsel for the 1st respondent – Panchayat submits that the 3rd respondent has been addressed for police assistance in the matter of enforcing Ext.P1. If such a request has been received from the 1st respondent, the 3rd respondent shall see that Ext.P1 stop memo is promptly enforced and the 4th respondent does not continue the construction. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd