IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 21ST MARCH 2007 / 30TH PHALGUNA 1928 OP.No. 28559 of 2000(Y) ----------------------- PETITIONER: ----------------- MELETHIL ABDUL KAREEM S/O ABDURAHIMAN, MUKKATTA, NILAMBUR MALAPPURAM DISTRICT BY ADV. SRI.SIVAN MADATHIL RESPONDENTS: ---------------------- 1. NILAMBUR GRAMA PANCHAYATH P.O, NILAMBUR REP: BY ITS SECRETARY 2. N.VELUKUTTY( THE THEN PRESIDENT OF NILAMBUR GRAMA PANCHAYATH) RESIDING AT'GAYATHRI', MANALODY NILAMBUR, MALAPPURAM DISTRICT 3. STATE OF KERALA REP: BY SECRETARY, LOCAL ADMINISTRATION SECRETARIAT, TRIVANDRUM 4. ABU, OVERSEER KOOTHARTHODIKA P.O, VENGOOR, VIA: MELATHUR MALAPPURAM DISTRICT BY ADV. SRI.K.M.SATHYANATHA MENON THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P No.28559 OF 2000 APPENDIX Ext.P1: True copies of the Plan, chalan fee for building construction and the covering letter issued by the petitioner Ext.P2: True copy of the order vide No.A3/103/99/T.P/dated 1-3-99 issued by the District Collector Malappuram to the petitioner Ext.P3: True copy of the Statutory Review Petition filed by the petitioner before R3 dated 12-3-1999 Ext.P4: True copy of the notice issued by R1 to the petitioner dated 10-3-1999 Ext.P5: True copy of the notice dated 6-5-1999 issued by R1 to the petitioner Ext.P6: True copy of the notice dated 17-5-1999 issued by the petitioner's counsel Ext.P7: True copy of reply notice dated 5-6-1999 issued by R1, R2 & R4 to the petitioner Ext.P8: True copy of the Petition/Complaint Vide No.2316/99 filed by R1 against the petitioner Ext.P9: True copy of the order issued by R3 vide No.3362/9/LSGD dated Tvm 6-11-1999 to the petitioner. Ext.P10: True copy of the notice dated 24-3-2000 issued by R1 to the petitioner Ext.P11: True copy of the notice dated 9-8-2000 issued by R1 to the petitioner. //True copy// es KURIAN JOSEPH, J. ------------------------------------- O.P. NO. 28559 OF 2000 --------------------------------------- Dated this the 21st day of March, 2007. J U D G M E N T The petitioner approached this Court with certain grievances regarding the alleged demolition of certain structures. There is also a prayer for compensation. Yet another grievance is with regard to the recovery of expenses met by the Panchayath. 2. According to the petitioner, against Exhibit P2 he had filed Exhibit P3 before the third respondent and only on disposal of Exhibit P3 further action can be taken in the matter. Hence, there will be a direction to the third respondent to look into Exhibit P3 and pass appropriate orders in accordance with law, if not already passed, with notice to the petitioner and first respondent within a period of three months from date of production of a copy of this judgment. Interim order passed in C.M.P. No. 48022/2000 will continue till such time. The relief regarding compensation is left open to pursue before the Civil Court, making it clear that in the event of the petitioner approaching the Civil Court, the time taken for prosecuting this original petition will stand excluded in computing the period of limitation. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp