IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 21465 of 2009(C) --------------------------------------- PETITIONER: ------------------- SUHRUDAN, S/O.K.GOVINDAN, THRIPTHI, CHANGAMKULANGARA, OACHIRA P.O., KOLLAM. BY ADVS. MR.A.S.P.KURUP, MR.SADCHITH.P.KURUP. RESPONDENTS: ------------------------ 1. OACHIRA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OACHIRA P.O. 2. THE SECRETARY, OACHIRA GRAMA PANCHAYAT, OACHIRA P.O. R1 & R2 BY ADV. MR.B.HARISH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21465/2009-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE OWNERSHIP CERTIFICATE DTD. 18/08/2004 ISSUED BY R.2. TO THE PETITIONER. EXT.P.2: COPY OF THE LICENCE DTD. 05/08/2006 ISSUED BY R.2. TO PETITIONER. EXT.P.3: COPY OF THE LICENCE FEE RECEIPT DTD. 03/08/06 ISSUED BY R.2. TO THE PETITIONER. EXT.P.4: COPY OF THE PHOTOGRAPH OF PETITIONER'S BUILDING. EXT.P.5: COPY OF THE NOTICE DTD. 07/06/2007 ISSUED BY R.2. TO PETITIONER. EXT.P.6: COPY OF THE NOTICE DTD. 20/07/2009 ISSUED BY R.2. TO THE PETITIONER. EXT.P.7: COPY OF THE REPRESENTATION DTD. 25/07/2009 GIVEN BY PETITIONER TO R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 21465 OF 2009 -------------------------------------- Dated this the 13th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The petitioner challenges Exts.P5 and P6 notices issued by the Grama Panchayat. Ext.P7 can be treated as his objections to those notices. The Grama Panchayat has to hear the petitioner and take a decision on the question whether the building is in violation of Section 220(b) of the Kerala Panchayat Raj Act, 1994. Such decision shall be taken and further action shall follow only after a copy of the decision is issued to the petitioner. Until then, enforcement of Exts.P5 and P6 will stand suspended. In view of the request of the petitioner for Occupation Certificate, the Panchayat Secretary will conclude the aforesaid proceedings within three weeks from the date of receipt of a copy of this judgment. Let the petitioner be given an opportunity of hearing. The Writ Petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, Judge ps