IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 26931 of 2007(F) PETITIONER(S): AGY GEORGE, S/O K.A.GEORGE, KOCHIKUZHI, ANIKKAD P.O., MALLAPPALLY, PATHANAMTHITTA. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.ANTONY C. ETTUKETTIL RESPONDENT(S): 1. SECRETARY(SPECIAL GRADE), THRIKKAKARA GRAMA PANCHAYATH, THRIKKAKARA. 2. THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. KUDILUMUKKU RESIDENTS ASSOCIATION, REPL BY ITS PRESIDENT K.J. DIVAKARAN, AGED 69 YEARS, VARISSERI HOUSE, THRIKKAKARA P.O., KOCHI-21. ADDL. 4TH RESPONDENT IS IMPLEADED AS PER ORDER IN I.A.NO. 11964/2008 DT. 31-10-2008. ADV. SRI.S.SHANAVAS KHAN FOR R.1 GOVERNMENT PLEADER SMT. K.R. DEEPA SRI.P.GOPINATH FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P. .NO. 26931/2007. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF PLAN . EXT.P2 CERTIFICATE DT. 12-10-2006. EXT.P3 CIRCULAR ISSUED ON 3-7-2007. EXT.P4 CERTIFICATE DT. 25-6-2007. EXT.P5 NOTICE DT. 24-7-2007. EXT.P6 LETTER DT. 29-5-2007. EXT.P7 NOTIFICATION DT. 15-11-2006. EXT.P8 ORDER DT. 3-4-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 26931 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st October, 2008. J U D G M E N T The petitioner challenges a proposal of the Thrikkakkara Grama Panchayat to implement Kerala Building Rules in the Panchayat retrospectively on the basis of a Government Order. The petitioner now submits that the Government itself has now issued Ext. P8 circular, whereby the concerned Town Planning Officer has been directed to consider each case in accordance with Ext. P8. In the above circumstances, the writ petition is disposed of as follows: The petitioner shall file an appropriate representation before the concerned Town Planner who shall consider the case of the petitioner in accordance with Ext. P8 circular, as expeditiously as possible, at any rate, within one month from the date of receipt of the representation to be filed by the petitioner after affording an opportunity of being heard to the petitioner, the additional 4th respondent as also the Panchayat. Sd/- S. Siri Jagan, Judge. Tds/