IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 32597 of 2008(E) -------------------------- PETITIONER(S): ------------------------- 1. J.SHIBU, SHIJU BHAVAN, THANNIYAM, PEYAD(PO), VILAPPIL VILLAGE. 2. S.VINITHA, SHIJU BHAVAN, THANNIYAM, PEYAD(PO), VILAPPIL VILLAGE. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE DEPUTY COLLECTOR(L.A),OFFICE OF THE DEPUTY COLLECTOR(L.A), THIRUVANANTHAPURAM. 3. THE VILLAGE OFFICER, VILLAGE OFFICER, VELLANADU. 4. SECRETARY, VELLANADU GRAMA PANCHAYATH, VELLANADU (P.O). BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C)No.32597 of 2008 ------------------------- Dated this the 11th day of November, 2008. JUDGMENT The petitioners started construction of a residential building in the property covered by Ext.P1, with the aid of a permit and a draft plan issued in that regard by the 4th respondent panchayat. The 4th respondent had stayed the construction after it had commenced, as evidenced by Ext.P3, on the premise that the construction was not in accordance with the permit. Later, by Ext.P4, the order of restraint was vacated and construction was resumed. But, by Ext.P5 dated 17.09.2008, the 3rd respondent again stayed the construction, apparently, on the basis of the instructions that have been issued in that regard by the 2nd respondent. Ext.P5 is challenged in this writ petition. 2. In my view, Ext.P5 need be treated only as a tentative notice. The petitioners may approach the 2nd respondent and file objections against Ext.P5 and if it is so made, within two weeks from today, the District Collector shall pass a reasoned order, either in confirmation W.P.(C)No.32597 of 2008 :: 2 :: of Ext.P5 or vacating the same, but after considering the objections of the petitioners. The source of authority of the 2nd respondent to issue any direction, as noted in Ext.P5, shall be clearly revealed and made mention of in the said order. Orders shall be passed within three weeks from the date on which the petitioners file their objections. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge