IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 6627 of 2008(L) ------------------------- PETITIONER: ------------ SUHARABI, AGED 39 YEARS, D/O. KOYATTI, CHUTTAVEETTIL VALAMAKKIL, KADALUNDI AMSOM, PAZHACHANNUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: ------------- 1. SECRETARY, KADALUNDI GRAMA PANCHAYATH, KADALUNDI, KOZHIKODE DISTRICT. 2. CHANDRIKA, W/O. LATE CHELEKKADAN PERACHAKUTTY, CHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT. 3. MANOJ, S/O. LATE CHELEKKADAN PERACHAKUTTY, CHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT. 4. DINESH, S/O. LATE CHELEKKADAN PERACHAKUTTY, CHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT. 5. MADHAVI, W/O. LATE CHELAKKADAN RAJAN, CHAMBUNGAL HOUSE, CHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT. 6. RAJESH, S/O. LATE CHELAKKADAN RAJAN, CHAMBUNGAL HOUSE, CHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT. WPC.No.6627/08 2 7. SWAPNA, D/O. LATE CHELAKKADAN RAJAN, CHAMBUNGAL HOUSE, CHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT. 8. DASINA, D/O. LATE CHELAKKADAN RAJAN, CHAMBUNGAL HOUSE, CHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT. 9. SONA, D/O. LATE CHELAKKARAN RAJAN, CHAMBUNGAL HOUSE, CHALIYAM P.O., KADALUNDI, KOZHIKODE DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 6627 of 2008 ---------------------------------- Dated this the 26th day of February , 2008 JUDGMENT The grievance of the petitioner, who is represented by a power of attorney holder in this writ petition filed under Article 226 of the Constitution, is that the first respondent Panchayat has issued a building permit in favour of the predecessor- in -interest of the party respondents on the strength of an certificate of purchase which had been issued by the Kozhikode Land Tribunal, in a proceedings initiated by them for assignment of 12 cents of land under Section 72 of the Land Reforms Act. Being aggrieved by the order of the Land Tribunal, the petitioner preferred an appeal before the Land Reforms Appellate Authority and that authority set aside the order of the Land Tribunal and remanded the matter back to the Land Tribunal. Thus, according to the petitioner, certificate of purchase which had been issued to the predecessor in interest of the party respondents on the basis WPC No. 6627/2008 2 of the order allowing the O.A. cannot any longer be valid. But, since the respondents are having physical custody of the certificate of purchase, the Panchayat issued building permit acting on the certificate of purchase, the physical custody of which is now retained by the respondents. Constructions have now been commenced, so submits the petitioner. 2. Having regard to the averments in the Writ Petition and the submissions of Sri.Jacob Abraham, the learned Counsel for the petitioner, I am of the view that since the petitioner has already submitted Ext.P5 representation, which was preceded by a lawyer notice Ext.P4 to the Panchayat, the Panchayat should take an early decision on Exts.P4 and P5. Accordingly, I dispose of this writ petition even without issuing notice to the party respondents issuing the following directions: 3. The first respondent will take up Exts.P5 and P4 immediately, call the petitioner as well as a representative of respondents 2 to 9 for a hearing on Exts.P5 and P4 and take a decision on Exts.P5 and P4 in the light of the statements therein as well as grounds in this writ petition. Decision, as directed above, shall be taken at the earliest and at any rate within one WPC No. 6627/2008 3 month of receiving a copy of this judgment. In the meanwhile, the party respondents are informed that on going constructions will be at their risk and that if the Panchayat comes to cancel the building permit acting on Exts.P5 and P4 they may become liable to demolish the construction. PIUS C. KURIAKOSE, JUDGE. dpk