IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 2268 of 2006(T) ------------------------------------ PETITIONER(S): ----------------------- K.SREE RAMACHANDRAN NAIR, AGED 51, S/O.LATE PARAMESWARAN NAIR, KELOTH HOUSE, WARD NO.5, AROOKUTTY PANCHAYATH, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SMT.THANKOM.G RESPONDENT(S): ------------------------ 1. THE AROOKUTTY GRAMA PANCHAYATH, REP. BY ITS SECRETARY, PANCHAYATH OFFICE, AROOKUTTY. 2. THE AROOKUTTY GRAMA PANCHAYATH COMMITTEE REP. BY ITS CHAIRMAN, THE PRESIDENT OF AROOKUTTY GRAMA PANCHAYATH. 3. THE DEPUTY DIRERCTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, ALAPPUZHA. 4. AJITH KUMAR, AGED ABOUT 32, S/O.CHELLAPPAN NAIR, AJI MANDIRAM, WARD NO. 11, AROOKUTTY GRAMA PANCHAYATH, NADVATH NAGAR P.O. CHERTHALA, AROOKUTTY PANCHAYATH GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R.3 SRI.C.M.NAZAR FOR R4 SRI.R.MURALEEKRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2268/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE SALE DEED NO.3309/67 OF SRO, AROOKUTTY DT. 6.7.67. P2:- COPY OF THE COMPROMISE PETITION SUBMITTED BY THE PARTIES IN AS.NO.86/89 ON THE FILES OF DISTRICT COURT, ALAPPUZHA DT. 13.2.90. P3:- COPY OF THE DECREE IN AS. NO.86/89 DT. 14.2.90. P4:- COPY OF THE LAWYER NOTICE DT. 27.10.05 ISSUED BY THE PETITIONER P5:- COPY OF THE APPEAL TO THE 2ND RESPONDENT DT. 31.10.05. P6:- COPY OF THE DECISION OF PANCHAYAT COMMITTEE DT. 5.12.05. P7:- COPY OF THE PHOTOGRAPHS OF THE NEWLY CONSTRUCTED BUILDINGS DT. NIL. P8:- COPY OF THE ASSESSMENT REGISTER DT. 23.11.05 ISSUED BY THE SIT RESPONDENT IN RESPECT OF THE NEWLY CONSTRUCTED BUILDING. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.2268 OF 2006 --------------------------------------- Dated this the 22nd day of October, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) Issue a writ, order or direction in the nature of Mandamus or other appropriate writ or direction directing the respondent No.1 to take immediate action against the 4th respondent for having made a construction in violation of Section 220(b) of the Kerala Panchayat Raj, Act, 1994 and to cause removal of such offending construction forthwith. ii) Issue a writ, order or direction in the nature of Mandamus or other appropriate writ directing the 2nd respondent to forthwith effect the measurement contemplated in Ext.P6 and to fix boundary of the road and on such fixation if the new construction evidenced by Ext.P8 is found to be in violation of Section 220(b) of the Kerala Panchayat Raj Act, 1994 to direct the 1st respondent to forthwith remove such illegal construction. In case no action has yet been taken by the first respondent, petitioner may produce a copy of this judgment along with copy of the writ petition before the first respondent, in which case, appropriate action in accordance with law will be W.P.(C) No.2268/06 2 taken by the first respondent, with notice also to the fourth respondent in case there is any violation. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.2268/06 3 KURIAN JOSEPH, J. W.P.(C) No. 2268 OF 2006 J U D G M E N T 22.10.2008