IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 38126 of 2008(L) ------------------------------------- PETITIONER(S): ---------------------- SHEENA JOJI, AGED 28 YEARS, W/O. JOLI JOHN, JOY HOMES, THEKKADI.P.O, KUMALI VILLAGE. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): ------------------------ 1. THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 2. THE KUMALI PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUMALI, PIN - 685 509. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. K.R. DEEPA ADV. SRI.S.SHANAVAS KHAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 38126 of 2008(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE N.O.C. ISSUED BY THE 2ND RESPONDENT DATED 12.2.2007. EXT.P2 - TRUE COPY OF THE PLAN OF THE BUILDING CONSTRUCTED BY THE PETITIONER DATED 10.12.2006. EXT.P3 - TRUE COPY OF THE G.O.(MS) NO. 150/2007/LSGD DATED 6.6.2007 ISSUED BY THE 3RD RESPONDENT. EXT.P4 - TRUE COPY OF THE CIRCULAR NO. 24136/R/A 1/07 DATED 20.6.2007 ISSUED BY THE 3RD RESPONDENT. EXT.P5 - TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT NO. A3--02/07 DATED 17.7.2007. EXT.P6 - TRUE COPY OF THE BUILDING PERMIT NO. A3 9 07/08 DATED 2.8.2007. EXT.P7 - TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE BUILDER DATED 9.10.2008. EXT.P8 - TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 17.12.2008. EXT.P9 - TRUE COPY OF THE REPLY GIVEN TO THE 2ND RESPONDENT DATED THIS THE 24TH DAY OF DECEMBER, 2008. // TRUE COPY // PA TO JUDGE rhs S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 38126 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2009 J U D G M E N T The petitioner obtained a No Objection Certificate from the 2nd respondent Panchayat for construction of a building before the Kerala Municipality Building Rules were made applicable to the Panchayat. Subsequently, according to the petitioner, although the petitioner was not liable to obtain permit or pay fee for the same he was forced to file an application for permit along with the prescribed fees. Pursuant thereto, the petitioner completed the construction of the building and completion certificate was also given on 9.10.2008. However, the ownership certificate had not been issued. The petitioner has now been issued with Ext.P8 order for demolition of the concrete slab attached to the front of the road side of the building, placed for entry into the petitioner's building. Petitioner's contention is that against that order, the petitioner has a remedy by way of filing an application under Section 235 N(3) of the Kerala Panchayat Raj Act which the petitioner has filed as Ext.P9. Petitioner seeks a direction to the 2nd respondent to consider and pass orders on Ext.P9. Although the learned counsel for the Panchayat would submit that Ext.P8 is an appealable order, the W.P(C)No. 38126 of 2008 - 2 - counsel could not controvert the submission made by the petitioner's counsel that the application under Section 235 N(3) of the Act would lie. That being so, the 2nd respondent is bound to consider and pass orders on Ext.P9. Accordingly, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Ext.P9, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Till the orders are thus passed, further proceedings pursuant to Ext.P8 shall be kept in abeyance. S.SIRI JAGAN, JUDGE rhs