IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 7147 of 2005(A) ------------------------------------- PETITIONERS: -------------------- 1. MINNANKODAN MARIAM, W/O.K.V.KUNJABDHULLA, KATTAYAD P.O., WAYANAD. 2. ALAN ANDRU, S/O.AHAMMED HAJI, KATTAYAD P.O., WAYANAD. BY ADV. SRI.P.V.SURENDRANATH SRI.B.M.AJITH SMT.P.N.INDU SMT.THASNIM M.A. RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO LOCAL ADMINISTRATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. VELLAMUNDA GRAMA PANCHAYATH, REPRESENTED BY ITS SPECIA GRADE SECRETARY, VELLAMUNDA, WAYANAD-670 731. 3. SPECIAL GRADE SECRETARY, VELLAMUNDA GRAMA PANCHAYATH, VELLAMUNDA, WAYANAD-670 731. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW SRI.M.P.ASHOK KUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7147/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE BUILDING TAX RECEIPTS DT. 23.2.1994 ISSUED BY the 2ND RESPONDENT PANCHAYATH IN THE NAME OF IST PETITIONER'S HUSBAND, K.V.KUNJABDULLA. EXT.P1(a):- COPY OF THE BUILDING TAX RECEIPTS DT. 28.3.1995 ISSUED BY THE 2ND RESPONDENT PANCHAYATH. EXT.P1(b):- COPY OF THE BUILDING TAX RECEIPTS DT. 23.3.1996 ISSUED BY THE 2ND RESPONDENT PANCHAYATH. EXT.P1(c):- COPY OF THE BUILDING TAX RECEIPTS DT. 31.10.1996 ISSUED BY the 2ND RESPONDENT. EXT.P1(d):- COPY OF THE BUILDING TAX RECEIPTS DT. 27.3.1998 ISSUED BY THE 2ND RESPONDENT PANCHAYATH. EXT.P1(e):- COPY OF THE BUILDING TAX RECEIPTS DT. 28.12.1998 ISSUED BY THE 2ND RESPONDENT PANCHAYATH. EXT.P1(f):- COPY OF THE BUILDING TAX RECEIPTS DT. 30.12.1999. EXT.P1(g):- COPY OF THE BUILDING TAX RECEIPTS DT. 5.2.05 ISSUED BY THE 2ND RESPONDENT PANCHAYATH. EXT.P2:- COPY OF THE BUILDING TAX RECEIPTS DT. 26.3.1998 ISSUED BY THE 2ND RESPONDENT PANCHAYATH FOR BUILDING VPV/370. EXT.P2(a):- COPY OF THE BUILDING TAX RECEIPTS DT. 28.2.01 ISSUED BY THE 2ND RESPONDENT PANCHAYATH. EXT.P2(b):- COPY OF THE BUILDING TAX RECEIPTS DT. 5.9.01 ISSUED BY THE 2ND RESPONDENT PANCHAYATH. EXT.P2(c):- COPY OF THE BUILDING TAX RECEIPTS DT. 16.12.02 ISSUED BY THE 2ND RESPONDENT PANCHAYATH. EXT.P2(d):- COPY OF THE BUILDING TAX RECEIPTS DT. 16.2.04 ISSUED BY THE 2ND RESPONDENT PANCHAYATH. EXT.P2(e):- COPY OF THE BUILDING TAX RECEIPTS DT. 2.2.05 ISSUED BY THE 2ND RESPONDENT PANCHAYATH. EXT.P3:- COPY OF THE ORDER/DIRECTION DT. 24.1.2005 ISSUED BY THE RESPONDENT 2 & 3. EXT.P4:- COPY OF THE REPLY/EXPLANATION DT. 9.2.05 SUBMTITED BY THE IST PETITIONER. EXT.P5:- COPY OF THE ORDER/DIRECTION DT. 24.1.2005 RECEIVED BY THE PETITIONER ON 7.2.2005. EXT.P6:- COPY OF THE REPLY/EXPLANATION DT. 9.2.05 SUBMITTED BY THE 2ND PETITIONER. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.7147 of 2005 ----------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT The writ petition is filed mainly with the following prayers:- (ii) In the alternative to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to take any coercive action pursuant to and in furtherance of Exts.P3 & P5 and not to demolish the building of the petitioners without considering and disposing of Exts.P4 & P5 explanations after giving opportunity of being heard to the petitioners and passing a final order according to law. (iii) to issue a writ of mandamus or any other appropriate writ or order commanding the respondents 2 & 3 to issue certified copy/relevant extract of the building tax assessment register maintained by the 2nd respondent Panchayat with respect to the petitioners' building forthwith. There will be a direction to the 3rd respondent to consider Exts.P4 and P6 with notice to the petitioners and take appropriate action in accordance with law within a period of four months from the date of production of a copy of the judgment along with a copy of the writ petition. It will also be open to the petitioners to file supplementary objections. In the meanwhile there will be a direction to the 3rd respondent to issue certified copies/extracts W.P(C) No.7147 of 2005 -:2:- as prayed in prayer No.(iii) within two months from the date of production of a copy of the judgment. The interim order passed by this court will continue till such time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.7147 of 2005 ----------------------------------- JUDGMENT 24th September, 2008