IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 15709 of 2009(G) --------------------------------------- PETITIONER(S): ------------------------ A.K.SUBAIR,S/O.AHMEDKUTTYMAN, WEST PATHANAPURAM,MALAPPURAM DISTRCIT. BY ADVS. MR.M.KRISHNAKUMAR SMT.PRABHA R.MENON RESPONDENT(S): ----------------------- 1. THE AREACODE GRAMA PANCHAYATH, REP.BY ITS SECRETARY. 2. THE TOWN PLANNING OFFICER,MALAPPURAM. 3. MUNDAMBRA JALEEL, S/O.MUNDAMBRA ENTHEENKUTTY,MUNDAMBRA VEEDU, THAZHE KOZHAKATOOR,AREACODE AMSOM DESOM, ERNAD TALUK. 4. KABEER,S/O.MUNDAMBRA ENTHEENKUTTY, MUNDAMBRA VEEDU,THAZHE KOZHAKATOOR, AREACODE AMSOM DESOM,ERNAD TALUK. 5. MUSTHAFA,S/O.MUNDAMBRA ENTHEENKUTTY, MUNDAMBRA VEEDU,THAZHE KOZHAKATOOR, AREACODE AMSOM DESOM,ERNAD TALUK. R1 BY ADV. MR.BABU S. NAIR R2 BY GOVT. PLEADER MR.MATHEW VADAKKAL R3 & R5 BYADVS. MR.T.K.SAIDALIKUTTY SMT.ANITHA M.N. (EKM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.15709/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGD. ASSIGNMENT DEED NO.3028/07 DT. 1.6.07 OF SRO AREACODE. P2A:- COPY OF THE LOCATION PLAN SUBMITTED BY THE 3RD RESPONDENT TO IST RESPONDENT OBTAINED FROM THE OFFICE OF THE IST RESPONDENT. P2B:- COPY OF THE 2ND COPY OF EXT.P2A IN WHICH THE PETITIONER'S PROPERTY IS MARKED IN RED COLOUR BY THE PETITIONER. P3A:- COPY OF THE SITE PLAN SUBMTITED BY THE 3RD RESPONDENT. P3B:- COPY OF THE SHADED VERSION SHOWING THE PETITIONER'S PROPERTY. P4A:- COPY OF THE APPLICATION AND THE ORDER PASSED BY THE LEARNED SUB JUDGE ON 8.4.09. P4B:- COPY OF THE TYPED COPY OF THE EX. P4A ORDER DT. 8.4.09. P5:- COPY OF THE PLAN SUBMITTED BY THE ADVOCATE COMMISSIONER IN THE SUIT. P6:- COPY OF THE LAWYER NOTICE DT. 8.4.09. P7:- COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER ALONG WITH HIS BROTHER . P8:- COPY OF THE LAWYER NOTICE ON 28.5.09. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.15709 of 2009-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of June, 2009. JUDGMENT The petitioner states that respondents 3 to 5 have obtained a building permit from the first respondent suppressing the fact regarding the existence of two buildings belonging to the petitioner which abut into the property in relation to which the permit is obtained. He seeks a direction to the first respondent to re- consider the permit in the light of certain materials which he relies on. The panchayat is prepared to do so. It is so submitted by its learned counsel. The learned counsel appearing for respondents 3 to 5 also states that the said respondents have no objection in such a course being adopted. For the aforesaid reasons, without expressing WP(C)15709/09 -: 2 :- anything on merits, this writ petition is ordered directing that the first respondent will hear the petitioner and respondents 3 to 5 and pass appropriate orders touching the objections of the petitioner to the permit in question. Let this be done within a period of one month from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/170609