IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 7647 of 2008(I) ------------------------- PETITIONER: --------------- P.S. SARATH CHANDRAN, AGED 56 YEARS S/O.SREEDHARA MENON, PRESIDENT NAYARAMBALAM NAIR KARAYOGAM REG.NO.ER 5/64 NAYARAMBALAM-682 509, ERNAKULAM DISTRICT RESIDING AT "SOPANAM", KIZHAKKE PUNCHAYIL HOUSE NAYARAMBALAM. P.O, ERNAKULAM DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI MANU TOM SRI.M.MANOJKUMAR (CHELAKKADAN) SMT.SMITHA GEORGE RESPONDENTS: --------------- 1. N.B. LALU, S/O.THANKAMMA NANDHYATTU HOUSE, NAYARAMBALAM VILLAGE ERNAKULAM DISTRICT. 2. N.B. RAMANAN, S/O.THANKAMMA NANDHYATTU HOUSE, NAYARAMBALAM VILLAGE ERNAKULAM DISTRICT. 3. N.B. ANANDAN, S/O.THANKAMMA NANDHYATTU HOUSE, NAYARAMBALAM VILLAGE ERNAKULAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE NJARAKKAL, ERNAKULAM DISTRICT. 5. THE SUPERINTENDENT OF POLICE (RURAL), ALUVA. ADV. SRI.VINCENT JOSEPH FOR R1 TO 3 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7647/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE REPRESENTATION DT.26.2.2008 SUBMITTED BY THE PETITIONER BEFORE R1. EXT.P2: COPY OF THE TAX RECEIPT DT.28.10.1997 ISSUED BY THE VILLAGE OFFICE, NAYARAMBALAM. EXT.P2(a): COPY OF THE TAX RECEIPT DT.28.10.1997 ISSUED BY THE VILLAGE OFFICE, NAYARAMBALAM. RESPONDENT'S EXTS: EXT.R1(a): COPY OF THE CERTIFICATE ISSUED BY THE PUBLIC INFORMATION OFFICER DT.27.6.2007 FOR PROVING THE OWNERSHIP OF THE LAND. EXT.R1(b): COPY OF THE JUDGMENT DT.10.6.2008 PASSED BY THIS HON'BLE COURT. EXT.R1(c): COPY OF THE REPRESENTATION SUBMITTED BY SMT.THANKAMMA BEFORE THE SECRETARY, NAYARAMBALAM GRAMA PANCHAYAT DT.18.6.2008. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.7647 OF 2008 ---------------------------------------- Dated this the 20th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. This Court, after hearing both sides, passed an interim order in this writ petition on 30.7.2008. In view of the said interim order, we feel that no further orders are required in this writ petition. But, the learned counsel for respondents 1 to 3 pointed out that the petitioner is constructing a building, in the property belonging to a Bhagavathy temple, unauthorisedly and this order is being used to legitimise that unauthorisded action. It is made clear that we have not decided anything on the above mentioned point and anyone who wants to seek relief against the said alleged illegal action will not be affected by this judgment. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps