IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 24172 of 2006(C) -------------------------------------- PETITIONER: ------------------ V.SUBBURAJ, S/O.S.VELLAYAPPAN CHETTIAR, DEEPTHI MEDICALS, THEATRE BAZAAR, OLD MUNNAR. BY ADV. SRI.T.R.RAVI SRI.VINOD RAVINDRANATH RESPONDENTS: ----------------------- 1. MUNNAR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MUNNAR, IDUKKI DISTRICT-685 612. 2. SUB COLLECTOR, DEVIKOLAM. 3. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.MUHAMMED ANZAR FOR R2, R3 ADV. SMT.AYSHA YOUSEFF, SC, MUNNAR G.PANCHAY FOR R1 ADV. SMT.MOLLY JACOB, SC, MUNNAR G.PANCHAYAT FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.9C).24172/2006-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BUILDING TAX RECEIPT RELATING TO BUILDING NO.IX/597. EXT.P2: COPY OF THE BUILDING TAX RECEIPT RELATING TO BUILDING NO.IX/604. EXT.P3: COPY OF THE BASIC TAX RECEIPT RELATING TO 1.47 CENTS IN SY. NO.61/16. EXT.P4: COPY OF THE BASIC TAX RECEIPT RELATING TO 1.95 CENTS IN SY. NO.61/16. EXT.P5: COPY OF THE BUILDING PERMIT APPLICATION DATED 19/07/2006 SUBMITTED BY THE PETITIONER RELATING TO 1.47 CENTS OF LAND. EXT.P6: COPY OF THE BUILDING PERMIT APPLICATION DATED 19/07/2006 SUBMITTED BY THE PETITIONER RELATING TO 1.95 CENTS OF LAND. EXT.P7: COPY OF THE ORDER DATED 17/08/2006 ISSUED BY THE 1ST RESPONDENT REJECTING EXT.P5. EXT.P8: COPY OF THE ORDER DATED 07/08/06 ISSUED BY THE 1ST RESPONDENT REJECTING EXT.P6. EXT.P9: COPY OF THE ORDER IN W.P.(C).7309/06. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.S. TO JUDGE Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.24172 of 2006 ----------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT Petitioner approached this court at a time when he was informed that without obtaining clearance from the Revenue Department no construction can be made. This court had already granted permission by interim order dated 28-9-2006 providing that the construction shall be at his risk and cost. The writ petition is disposed of in terms of the said interim order and making it clear that the construction made by them will be subject to the action, if any, taken by the respondents. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.24172 of 2006 ----------------------------------- JUDGMENT 5th September, 2008