IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 7904 of 2006(N) -------------------------------------- PETITIONER: --------------------- JOSE M.J., S/O. JOHN, AGED 58 YEARS, MEKUNNEL HOUSE, PARAPUZHA P.O., THODUPUZHA. BY ADV. SRI.S.SREEKUMAR SRI.MANU ROY RESPONDENTS: ------------------------- 1. KODIKULAM GRAMA PANCHAYATH, KODIKULAM P.O., REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT ENGINEER, THE PUBLIC WORKS DEPARTMENT, P.W.D. OFFICE, KARIMANNOOR. 3. TALUK SURVEYOR, THODUPUZHA TALUK. 4. THE COMMITTEE, KODIKULAM GRAMA PANCHAYAT, KODIKULAM. R1 BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.R.V.SATHYAPRIYAN NAIR R2 & R3 BY SR.GOVERNMENT PLEADER SRI. V.T.K. MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7904/2006 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF DOCUMENT NO.2886/03 OF KAARIKODE SRO DTD. 3/09/2003. EXT.P2: COPY OF SKETECH ISSUED BY THE VILLAGE OFFICER. EXT.P3: COPY OF STOP MEMO ISSUED BY 2ND RESPONDENT TO THE PETITIONER DTD. 23/11/2004. EXT.P4: COPY OF REPLY SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P5: COPY OF STOP MEMO ISSUED BY 1ST RESPONDENT TO THE PETITIONER DTD. 7/06/2005. EXT.P6: CIOPY OF INTERIM ORDER OF 1ST RESPONDENT. EXT.P7: COPY OF ORDER IN WP(C) NO.18707/2005 DTD. 1/08/2005. EXT.P8: COPY OF REPORT OF SUB COMMITTEE DTD. NIL. EXT.P9: COPY OF RESOLUTION DTD. 2/2/2006 OF THE PANCHAYAT COMMITTEE. EXT.P10: COPY OF THE SKETCH PREPARED BY THE 3RD RESPONDENT. 1ST RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF MASS PETITION SUBMITTED BEFORE THE PANCHAYAT DTD. 19/11/2004. EXT.R1(B): COPY OF THE NOTICE DTD. 19/11/2004 ISSUED TO THE PETITIONER. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No.7904 OF 2006-N ----------------------------------------------- DATED THIS THE 15TH JANUARY, 2008 J U D G M E N T Sri. K.K.Chandran Pillai, learned counsel for the first respondent Panchayath on instruction submits that on the basis of the measurement, which was conducted, the objectionable portion of the constructions were identified and those objectionable constructions have been demolished. In view of the removal of the objectionable constructions, the Panchayath will have not any objection in considering the petitioner's application for building permit. Recording the above submission, I direct the Panchayath to consider and pass fresh orders on the petitioner's application for building permit taking into account the circumstances that the objectionable portions of the building have already been removed. Orders as directed above shall be passed by the Panchayath at the earliest, at any rate within three weeks of receiving a copy of this judgment. The writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)N0. -2- WP(C)N0. -3-