IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 5985 of 2000(K) ------------------------------- PETITIONER: ------------------- P.VANTHA, 'KRISHNANKRIPA', N.H. ROAD, KAZHAKUTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENTS: ----------------------- 1. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (E) DEPARTMENT, THIRUVANANTHAPURAM. 2. K.MAHADEVA IYER, KP 11/764. VADAKKEGRAMAM, KAZHAKUTTAM, THIRUVANANTHAPURAM ADDL.R3 & R4 IMPLEADED. R3. THE CHIE TOWN PLANNER, THIRUVANANTHAPURAM. R4. KAZHAKUTTAM GRAMA PANCHAYAT, REP.BY SECRETARY, KAZHAKUTTAM THIRUVANANTHAPURAM. ADDL.R3 & R4 IMPLEADED AS PER ORDER DT. 5.4.2000 ON CMP. NO.17140/2000. BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN BY ADV. SRI.R.S.KALKURA SMT.KVP.JAYALEKSHMY SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.5985/2000 ORD ON CMP. NO.10079/2000 IN OP. NO.5985/2000 DISMISSED 18.01.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER OF THE 1ST RESPONDENT DT. 26.9.91. EXT.P2:- COPY OF THE ORDER OF THE DISTRICT COLLECTOR DT. 28.12.96. EXT.P3:- COPY OF THE APPROVED PLAN. EXT.P4:_ COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER DT. 16.9.98. EXT.P5:- COPY OF THE NOTICE DT. 24.11.99 ISSUED BY THE IST RESPONDENT. EXT.P6:- COPY OF THE ORDER OF THE IST RESPONDENT DT. 4.1.2000. EXT.P7:- COPY OF THE LETTER DT. 5.12.98 ISSUED BY THE IST RESPONDENT TO THE SECRETARY, KAZHAKUTTAM GRAMA PANCHAYAT. EXT.P8- COPY OF THE PETITION FILED BY THE PETITIONER DT. 24.12.98. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.5985 of 2000-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2008. JUDGMENT The petitioner has filed this original petition aggrieved by Ext.P6 by which his representation to vacate an order of stay, was not allowed by the first respondent. The short facts are the following: 2. The petitioner is the absolute owner of the property comprised in Survey No. K 799 of Kazhakuttam Panchayat. After obtaining consent from the adjacent land owners and after getting order of exemption from the Government as per Ext.P1, the petitioner constructed a building. The same was a single storied shop building. 3. Subsequently, the petitioner wanted to construct the first floor and second floor of the same building and sought for consent from the concerned authorities. Since exemption was needed, it appears that the petitioner had moved the appropriate authorities in the matter and by Ext.P2, the District Collector granted exemption from the regulations. It appears that the same was challenged before the Government by the second respondent. The parties were issued notice for hearing which is evidenced by Ext.P5. Ultimately, the petitioner was informed by Ext.P6 that earlier OP 5985/2000 -2- orders cannot be modified. If the matter is still pending before the Government or before the competent authority empowered to decide the same, there will be a direction to dispose of the same with notice to all the respondents herein, within a period of four months from the date of receipt of a copy of this judgment. The competent authority will afford an opportunity for personal hearing to the parties. With the above direction, the original petition is disposed of. (T.R. Ramachandran Nair, Judge.) kav/ OP 5985/2000 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.5985 of 2000-K - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 18th January, 2008.