IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 32286 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------- JOSE PHILIPOSE,AGED 45 YEARS, S/O.MATHOOR PHILIPOSE,THEKKE VEEDU, THEKKUMPURAM,PUTHOOR.P.O,KOLLAM DISTRICT-691 507. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------------------- 1. NEDUVATHOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,NEDUVATHOOR GRAMA PANCHAYATH OFFICE,NELESWARAM.P.O,KOLLAM DISTRICT, PIN-691 506. 2. THE SECRETARY,NEDUVATHOOR GRAMA PANCHAYATH,NEELESWARAM.P.O,KOLLAM DISTRICT, PIN-691 506. 3. SAMKUTTY.O,THEKKEVEEDU,THEKKUMPURAM, PUTHOOR.P.O,KOLLAM,PIN-691 507. 4. SUSAMMA.A,WARD MEMBER,NEDUVATHOOR GRAMA PANCHAYATH,RESIDING AT THEKKEVEEDU,THEKKUMPURAM, PUTHOOR.P.O,KOLLAM-PIN-691 507. R3 & R4 BY ADV. SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.32286/2011 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE PLAN SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT FOR ALTERATION AND EXTENSION OF THE EXISTING BUILDING. EXT.P2: TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.A4-7835/2011 DATED 20.8.11 ISSUED BY THE SECOND RESPONDENT. EXT.P3: TRUE COPY OF THE ORDER DATED 12.10.06 IN O.S.412/05 PASSED BY THE MUNSIFF COURT,KOTTARAKKARA. EXT.P4: TRUE COPY OF THE NOTICE NO.A4-7835/2011 DATED 30/11/2011 ISSUED BY THE SECOND RESPONDENT. EXT.P5: TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 01.12.2011 BEFORE THE SECOND RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 32286 OF 2011 ------------------------------- DATED THIS THE 8TH DAY OF DECEMBER, 2011 JUDGMENT Writ petition is filed seeking to quash Ext.P4 and for a direction commanding respondents 1 and 2 to permit the petitioner to continue the construction in accordance with Ext.P1 plan and Ext.P2 no objection certificate issued by the 2nd respondent. 2. Petitioner applied to the 2nd respondent for granting permission for alteration and extension of a commercial building in Sy.No.151/12 of Puthoor Village belonging to him. Petitioner challenges Ext.P4 notice issued by the 2nd respondent calling upon the petitioner to stop further construction on the allegation that the petitioner is making construction in violation of the Kerala Panchayat Building Rules. Petitioner submitted Ext.P5 explanation to Ext.P4 stop memo and the same is pending consideration before the 2nd respondent. Petitioner alleges that the 4th respondent is misusing her position as the Panchayat Member to stop the legal -2- W.P.(C).No.32286/2011 constructions being undertaken by the petitioner in accordance with the Building Rules and therefore Ext.P4 is vitiated by mala fides. Since the petitioner has submitted Ext.P5 explanation and the matter is pending consideration before the 2nd respondent, it is for the 2nd respondent to consider Ext.P5 and pass appropriate orders thereon. In the result, this writ petition is disposed of directing the 2nd respondent to consider Ext.P5 and pass appropriate orders, after affording an opportunity of being heard to the petitioner and respondents 3 and 4, within a period of one month from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. kcv.