IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 2158 of 2008(F) ------------------------ PETITIONER : -------------------- P.P.MUSTHAFA, AGED 38, S/O.KUNJUMUHAMMED, PANDALAM PARAMBIL HOUSE, MUTHOOR P.O., CHAKANNOOR, MALAPPURAM. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): ------------------------- 1. VATTAMKULAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VATTAMKULAM P.O., MALAPPURAM DISTRICT. 2. SMT.KAUSHUMMA, AGED ABOUT 65, D/O.MUHAMMEDKUTTY, MUTHUMUTTATHU HOUSE, MUTHOOR P.O., CHEKANNOOR, MALAPPURAM. 3. KUNJUVAPPU, S/O.KUNJUMON, MUTHUMUTTATHU HOUSE, MUTHOOR P.O. CHEKANNOOR, MALAPPURAM. R1 BY ADV. SRI.P.CHANDRASEKHARAN R2 BY ADV. SRI. C.V. MANU VILSAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 2158 of 2008(F) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ROUGH SKETCH OF THE ROAD. EXT.P2 : COPY OF THE MASS PETITION SUBMITTED TO 1ST RESPONDENT DATED 25.09.2007. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ==================== W.P.(C) No.2158 OF 2008 ==================== Dated this the 13th day of December, 2010 JUDGMENT The petitioner has filed this writ petition complaining that in spite of Ext.P2 representation being filed, the first respondent is not taking steps to dispose of the same in accordance with law. 2. The complaint raised by the petitioners is that the 2nd and 3rd respondents started to construct a compound wall encroaching the foot path violating provisions of law. The road in question is said to be vested in the Panchayat. 3. Learned counsel for the Pacnchayat submitted that Panchayat had issued stop memo at that point of time. If the proceedings have not been finalised yet, there will be a direction to the Panchayat to consider Ext.P2 representation and pass appropriate orders after conducting due enquiry and after hearing the petitioner and respondents 2 and 3 within a period of 2 months from the date of receipt of a copy of this judgment. If the enquiry is already over and orders have been passed, the resultant order will be communicated to the parties concerned without delay. Writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) mns