IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26823 of 2010(C) -------------------------- PETITIONER(S): --------------- JOHN K. MATHEW, S/O. LATE K.K. MATHEW, CHAKKALAPARAMBIL, KUZHUTHARAYIL HOUSE, KADAPRA - MANNAR P.O., NIRANAM, THIRUVALLA. BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): --------------- SECRETARY, NIRANAM PANCHAYAT, PATHANAMTHITTA DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.26823 of 2010-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2010. JUDGMENT The petitioner is a non resident Indian who own 36 cents of land including a residential building in Niramam Panchayat which he got as per a partition deed executed in the year 1996. His brother has got 64 cents of land. The brother is residing in Bangalore. The grievance raised in the writ petition is that the Panchayat is trying to get the property of his brother to provide a colony under the EMS housing scheme. It is mentioned in the writ petition that the same will put inconvenience to the petitioner. It is also pointed out that there is no motorable road leading to the site in question and taking advantage of the absence of the petitioner in the locality, the petitioner's property will be used for transporting the materials also. It is also one of the apprehension of the petitioner that the access to his property also will be tampered with if the colony is established in the near vicinity. According to the petitioner, since he is away in Gulf countries, his absence will be utilised to execute the various works. It is prayed that the Panchayat may be directed to consider Ext.P1 request. 2. There will be a direction to the Panchayat to consider Ext.P1 wpc 26823/2010 2 request and pass appropriate orders in accordance with law, and communicate the decision to the petitioner within a period of one month from the date of receipt of a copy of this judgment. I am not expressing anything on the merits of the matter, since it is up to the Panchayat to consider all aspects raised by the petitioner. The petitioner will produce a copy of the writ petition along with a copy of this judgment before the Panchayat for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/