IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1446 of 2008(V) ------------------------- PETITIONER: ------------ A.M.MATHEW, S/O.MATHAI, ERIKKATTU BINI BHAVAN, CHOORAKKULANGARA BHAGOM, ETTUMANOOR P.O. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS: ------------- 1. THE SECRETARY, ATHIRAMPUZHA GRAMA PANCHAYATH, OFFICE OF THE ATHIRAMPUZHA GRAMA PANCHAYAT ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT. 2. GEORGE, S/O.KURIAKOSE, KODUVATHARA HOUSE, KUMARAKOM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER E.J.JOSE, EDAPPALLICHIRAYIL HOUSE, NEENDOOR P.O., KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.1446 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 11th January, 2008 JUDGMENT The petitioner is neighbour of the 2nd respondent and both of them live within the area of the 1st respondent-Panchayat. The petitioner's grievances are to in number. The first is that Ext.P4 representation submitted by him before the 1st respondent requesting that the 1st respondent may alter the plan which has been approved in favour of the 2nd respondent invoking the powers under Section 235N of the Kerala Panchayat Raj Act and ensure that the constructions made by the 2nd respondent are strictly inconformity with the Building Rules is not being considered. The second grievance of the petitioner is that even though the Panchayat on noticing the illegality in the constructions made by the 2nd respondent issued Ext.P2 demolition order directing the 2nd respondent to demolish and remove the illegal constructions, the Panchayat is not taking up any follow up action pursuant to Ext.P2. 2. Having considered the averments in the Writ Petition and the submissions addressed before me by Mr.Liji J.Vadakedom, counsel for the petitioner and in the nature of the orders which are being passed hereunder, in my opinion, it is not necessary to issue notice to the W.P.C.No.1446/08 - 2 - respondents. I dispose of the Writ Petition directing the first respondent to consider Ext.P4 with notice to the petitioner and the 2nd respondent and pass orders on the same under communication to the petitioner and the 2nd respondent. If either of them are desirous of being heard before decision is taken on Ext.P4, the Secretary of the Panchayat will hear them before orders are passed. 3. As regards Ext.P2 demolition order, the Secretary of the Panchayat will verify whether formal confirmation order has been passed pursuant to Ext.P3 confession statement filed by the 2nd respondent. If confirmation order has not been passed yet, the Secretary will proceed to pass confirmation order after issuing hearing notice to the petitioner and the 2nd respondent. Once confirmation order is passed, necessary steps will be taken by the Secretary to ensure that the confirmation order is obeyed. At any rate, the Secretary of the Panchayat will ensure that the constructions effected by the 2nd respondent do not violate the statutory building rules. Needful in this regard will be done by the first respondent at his earliest and at any rate within six weeks of receiving copy of this judgment. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No.1446/08 - 3 -