IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 1852 of 2010(F) ------------------------- PETITIONER(S): --------------- M.A.BABY, S/O.ABRAHAM, MADAPATTU HOUSE, KUMMANAM POST, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE TOWN PLANNER, TOWN PLANNING OFFICE, KOTTAYAM. 3. THIRUVARPPU GRAMA PANCHAYATH, KILIROOR NORTH POST, KOTTAYAM-686 020, REPRESENTED BY ITS SECRETARY. 4. SECRETARY, THIRUVARPU GRAMA PANCHAYATH, KILIROOR NORTH POST, KOTTAYAM-686 020. 5. EBRAHIM KUTTY RAWTHER, CHATHANKOTTU MALIL, KUMMANAM POST, KOTTAYAM. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.1852 of 2010 (F) --------------------------------- Dated, this the 20th day of January, 2010 J U D G M E N T What is complained in this writ petition is regarding the alleged inaction on the part of the respondent Panchayat on Ext.P6, a complaint made by the petitioner stating that the construction undertaken by the 5 th respondent is in violation of the Building Rules. 2. According to the petitioner, in Ext.P3 report, it has already been found that the construction is illegal. He also refers to Ext.P5 and on this basis, Ext.P6 complaint has been made, and as on date, according to him, no action has been initiated by the respondent Panchayat. 3. If as stated by the petitioner, Ext.P6 complaint has been received, it is up to the Panchayat to take necessary action thereon in accordance with law. Therefore, without expressing anything on the merits of the allegations levelled by the petitioner, and leaving it open entirely to WP(C) No.1852/2010 -2- the Panchayat to decide the issue, this writ petition is disposed of directing the Panchayat to take necessary action on Ext.P6. This shall be done with notice to the 5th respondent and as expeditiously as possible, at any rate, within six weeks of receipt of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg