IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 OP.No. 4537 of 2003(M) ---------------------------------- PETITIONER: --------------------- VASANTHA KUMARI, D/O. SAROJINI, AGED 50 YEARS, RESIDING AT "SRISHTIYIL", MULLALAVILA, MAMPAZHAKKARA, NEYYATTINKARA, THIRUVANANTHAPURAM DIST. BY ADV. SRI.BINDU SREEKUMAR RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. PERUMPAZHATHOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PERUMPAZHATHOOR, NEYYATTINKARA TALUK. 3. GOPALA KRISHNAN K., KRISHNA VILASAM, ARUMURI, MULLARAVILA, PERUMPAZHATHOOR, NEYYATTINKARA TALUK, VICE PRESIDENT, PERUMPAZHATHOOR GRAMA PANCHAYAT, NEYYATTINKARA. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW - R1 ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR FOR R2 SRI.PIRAPPANCODE V.S.SUDHIR FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.8037/2003 IN O.P.NO.4537/2003 M DISMISSED 28/08/2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF PERMIT NO.445/92-93 DTD. 31/03/93 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT 22/05/1993. EXT.P3: COPY OF THE NOTICE NO.A1-185/93 DTD. 30/01/1995 ADDRESSED TO THE PETITIONER. EXT.P4: COPY OF THE NOTICE DTD. 28/08/97 NO.A1-185/93. EXT.P5: COPY OF THE JUDGMENT IN O.P.NO.174/1998-U DTD. 13/02/1998 OF THIS HON'BLE COURT. EXT.P6: COPY OF THE GOVERNMENT ORDER NO.G.O.(RT) 2619/98/LAD DTD. 21/08/1998 OF THE LOCAL ADMINISTRATION (E) DEPARTMENT. EXT.P7: COPY OF THE MAHAZAR PREPARED BY 2ND RESPONDENT. EXT.P8: COPY OF THE JUDGMENT IN O.P.NO.17239/98 DTD.7/6/2000. EXT.P9: COPY OF THE JUDGMENT IN O.P.NO.31532/2000 DTD. 4/01/2001. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH, J. --------------------------------------- O.P. No. 4537 OF 2003 --------------------------------------- Dated this the 28th day of August, 2008. J U D G M E N T This original petition is filed with the following prayer: 1) To issue a writ of mandamus or any other appropriate writ, order or direction compelling the 2nd respondent to pay the damages caused to the petitioner by demolishing and removing the building and its machine situated in the petitioner's property. In view of the factual disputes involved in this case, it is for the petitioner to approach the Civil Court. Therefore, this original petition is disposed of leaving open the contentions and relegating the petitioner to pursue her remedy before the Civil Court making it also clear that the period of pendency of this original petition shall be excluded in computing the period of limitation. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. No. 4537 OF 2003 J U D G M E N T 28.08.2008