IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 29808 of 2009(U) -------------------------- PETITIONER(S): --------------- K.P.GEORGE, S/O. PAILY, AGED 77 YEARS, KIDIYIL VEEDU, THAMMANIMATTOM, RAMAMANGALAM P.O., ERNAKULAM-686 663. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. 2. NEDUMBASSERY GRAMA PANCHAYATH, NEDUMBASSERY, REPRESENTED BY ITS SECRETARY. R1 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29808 OF 2009 ------------------------------------------- Dated this the 22nd day of October, 2009 JUDGMENT Notice to the second respondent dispensed with preserving its right for re-hearing of the matter, if aggrieved. The petitioner obtained a building permit. He now faces a notice to cancel that permit on ground that the neighbours are complaining that the building is likely to create pollution. The petitioner states that this is no ground at all to cancel a building permit. He has placed objections to the notice. The panchayat secretary can act in accordance with law and not at the ipsi dexit of any politician as apprehended by the petitioner. That apprehension, as of now, has to be treated as not demonstrated because this Court is not now willing to assume that the panchayat secretary will act in any manner in violation of the laws. Accordingly, this writ petition is ordered directing the panchayat secretary to take up the objection of the petitioner WPC.29808/09 Page numbers and decide on it within a period of two weeks and issue a reasoned decision. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.23/10.