IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 W.P.(C).No. 13723 of 2008 (H) PETITIONER: THILOTHAMMA, VATTATHARA HOUSE,NORTH JANATHA, PUTHENPURCKAL ROAD, PALARIVATTOM, KOCHI-25. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW RESPONDENTS: 1. DISTRICT COLLECTOR, ERNAKULAM DISTRICT, ERNAKULAM. 2. TAHASILDAR , KANAYANNOOR TALUK, ERNAKULAM. 3. VILLAGE OFFICER, POONITHURA VILLAGE, VYTTILA, E RNAKULAM. 4. SECRETARY, CORPORATION OF COCHIN, ERNAKULAM. 5. COMMISSIONER OF POLICE, KOCHI CITY,ERNAKULAM. 6. SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, PALARIVATTOM, ERNAKULAM. 7. V.K.SOBHA,W/O.LATE VIJAYAN, AGED 55 YEARS, KEETTUPARAMBIL HOUSE, NORTH JANATHA, PUTHENPURACKAL ROAD, PALARIVATTOM, KOCHI-25. BY ADV. SRI.JOLLY JOHN , R7 GOVT. PLEADER, SMT. K.R. DEEPA ADV. SRI. S. RAMESH BABU, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 13723 OF 2008 H = = = = = = = = = = = = = = = = = Dated this the 27th May, 2008. J U D G M E N T The allegation in this writ petition is in respect of the attempt made by the 7th respondent to construct a compound wall. While the petitioner contends that for this purpose trenches have been made encroaching into revenue puramboke and that too without permission from the Corporation, the 7th respondent asserts for the position that the trenches were made in her own property, but, however, concedes to the position that it was without obtaining permission from the Corporation. It is also submitted on behalf of the 4th respondent Corporation that since the work undertaken by the 7th respondent was unauthorised stop memo has been issued by them. 2. Even if the case of the 7th respondent is accepted to be true the fact remains that she should obtain the permission from the Corporation and in the absence of which as at present, she is not entitled to proceed with the work. But, however, in so far as the W.P.(C) No. 13723 OF 2008 - 2 - claim of the petitioner that the land in question where the trenches have been made is revenue puramboke, in view of the dispute raised by the 7th respondent on this factual aspect, this Court will not be in a position to decide the disputed question of fact. It is either for the petitioner to approach the civil court or for the 1st respondent before whom Ext. P5 representation has been made to advert to that complaint of the petitioner. Leaving it open to pursue the matter with the appropriate authorities and directing that in the absence of a permit obtained from the Corporation the petitioner will not be entitled to proceed with the work, this writ petition is disposed of. ANTONY DOMINIC JUDGE jan/-