IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 16009 of 2010(A) -------------------------------- PETITIONER: -------------- SUDHAKARAN,S/O.ACHU,AGED 65 YEARS, THALANGAPARAMBIL MALA PALLIPPURAM.P.O, PIN-680 732. BY MR.K.L.JOSEPH, ADVOCATE. MS.P.SAREENA GEORGE, ADVOCATE. RESPONDENTS: ------------------ 1. POYYA GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY,POOPPATHY.P.O,THRISSUR-680 733. 2. MUSTHAFFA,S/O.KOCHUNNI,AGED ABOUT 7O, PALLIMUTTATHU MALA PALLIPPURAM DESOM,POYYA VILLAGE KODUNGALLUR TALUK. 3. SAIDUMUHAMMAD,S/O.MUSTHAFFA, AGED ABOUT48, PALLIMUTTATHU MALA PALLIPPURAM DESOM, POYYA VILLAGE,KODUNGALLUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16009 OF 2010 --------------------------------------- Dated this the 25th day of May, 2010. J U D G M E N T The petitioner is a resident of the 1st respondent panchayath. He is the owner and in possession of 6½ cents of land in survey No.398/6 of Poyya Village. According to the petitioner, the respondents 2 and 3 are the nearby property owners and they are making constructions without any permission from the panchayath. 2. The petitioner has produced along with the writ petition Exhibit P1, a letter issued to him by the panchayath, stating that the panchayath has not issued any building permit for the construction. It is seen from the averments that the petitioner has filed O.S.No.461/2009 against the 2nd respondent for an injunction restraining him from constructing any structures in the disputed property without any permission from the 1st respondent panchayath. It is averred in the writ petition that in I.A.No.916/2009, the Munsiff Court has passed an interim W.P.(C) No.16009/2010 2 injunction restraining the 2nd respondent from constructing any buildings without the permission from the panchayath. 3. It is the case of the petitioner that in gross violation of Exhibit P2 permit issued for construction of a compound wall, the respondents 2 and 3 have constructed 3 feet height basement on four sides of their property without leaving any open space on all the four sides. Apart from the same, they have constructed 6 concrete pillars and completed the construction of a godown facing towards north. It is in these circumstances, the petitioner has filed Exhibit P4 complaint before the Secretary of the Poyya Grama Panchayath for taking appropriate action. Exhibit P5 receipt shows that the same has been forwarded to the Secretary. In view of the urgency shown by the petitioner, there will be a direction to the Secretary, Poyya Grama Panchayath to consider the complaint with notice to the petitioner and respondents 2 and 3. He will also conduct necessary local inspection in the matter before taking a decision. Appropriate decision shall be taken within a period of one month. The W.P.(C) No.16009/2010 3 petitioner will produce a copy of the writ petition along with a copy of this judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp