IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 20339 of 2006(U) -------------------------- PETITIONER: ------------ PRINCE JACOB, S/O. P.T.CHACKO, PUTHENPURAYIL HOUSE, KARIMANNOOR P.O., KARIMANNOOR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, REP. BY HIS P/A.HOLDER MR. P.T.CHACKO, S/O. FRANCIS, PUTHENPURAYIL HOUSE,KARIMANNOOR PO., KARIMANNOOR VILLAGE, THODUPUZHA TALUK, IDUKKI DT. BY ADV. SRI.VARGHESE PARAMBIL SRI.BOBAN VARGHEESE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATS, THODUPUZHA P.O., IDUKKI DISTRICT. 3. THE SECRETARY, KARIMANNOOR GRAMA PANCHAYAT, KARIMANNOOR P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.SHAJI THOMAS PORKKATTIL FOR R3 SRI.BINU PAUL FOR R3 G.P. SHRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1.9.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 20339/06. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE LETTER TO GOVT. DTD.11.7.06. P2. COPY OF THE RECEIPT DTD.29.3.00. P3. COPY OF THE GOVT. ORDER DTD.29.1.00. P4. COPY OF THE LETTER BY R3 DTD.12.7.99. P5. COPY OF THE OWNERSHIP CERTIFICATE DTD.3.5.01 BY R3. P6. COPY OF THE ORDER BY R3 FOR DEMOLISHING THE BUILDING. RESPONDENTS' EXHIBITS: R3(A) COPY OF THE AGREEMENT DTD.27.4.01 SIGNED BY THE PETITIONER. sdk+ ///True copy/// P.S. to Judge KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.20339 of 2006 ----------------------------------------- Dated this the 1st day of September, 2008 JUDGMENT The challenge is on Ext.P6 notice issued by the 3rd respondent directing the petitioner to demolish the alleged unauthorised construction. It is submitted that application for regularisation is pending before the Government. There will be a direction to the first respondent to consider the application filed by the petitioner with notice to the petitioner within a period of three months from the date of production/receipt of a copy of the judgment along with a copy of the writ petition. The interim order passed by this court will continue till such time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.20339 of 2006 ----------------------------------- JUDGMENT 1st September, 2008