IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 24662 of 2008(J) -------------------------- PETITIONER(S): --------------- K.T.MUHAMMED SHAFI, S/O.MOIDU T., KANNANTHOTTI VEEDU, MANNARKKADU COLLEGE P.O. MANNARKKADU, PALAKKAD DISTRICT. BY ADV. SRI.N.K.KARNIS SRI.SUMESH.S.KALARICKEL RESPONDENT(S): --------------- 1. MANNARKKADU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MANNARKKADU P.O., PALAKKAD DISTRICT. 2. SECRETARY, MANNARKKADU GRAMA PANCHAYATH MANNARKKADU P.O., PALAKKAD DISTRICT. 3. SUB INSPECTOR OF POLICE, MANNARKKADU POLICE STATION, PALAKKAD DISTRICT. 4. SUPERINTENDENT OF POLICE, PALAKKAD, PALAKKAD DISTRICT. ADV. SRI.C.E.UNNIKRISHNAN FOR R1 & R2 GOVERNMENT PLEADER SHRI.K.R.DEEPA FOR R3-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 24662/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE TAX RECEIPT. P2. COPY OF THE BUILDING PERMIT. P3 COPY OF THE MEMO DTD.15.4.08. P4. COPY OF THE REPLY DTD.22.4.08. P5. COPY OF THE NOTICE DTD.30.4.08 BY R2. P6. COPY OF THE REPLY TO P5. P7. COPY OF THE APPEAL TO TRIBUNAL. P8. COPY OF THE STAY ORDER IN Ext.P7 APPEAL. P9. COPY OF THE ORDER DTD.R3 DTDE.3.8.08. P10. COPY OF THE REPRESENTATION TO R4. P11. COPY OF THE NOTICE DTD.5.8.08 BY R2. P12. COPY OF THE ORDER OF THE TRIBUNAL. P13. COPY OF THE ORDER BY R2 DTD.27.9.08. P14. COPY OF THE POSTAL COVER IN WHICH COPY OF EXT.P11 ISSUED. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.24662 of 2008 ================== Dated this the 16th day of October, 2008 J U D G M E N T The petitioner had obtained a permit to construct a building. On receipt of complaints received by the Panchayat that the petitioner has violated buildings rules, Ext.P3 stop memo was issued directing that the petitioner shall not continue construction until the Panchayat Engineer inspects the building and files a report. The petitioner filed Ext.P4 reply to Ext.P3 stop memo. Thereafter, Ext.P5 notice was issued directing the petitioner to show cause why the permit should not be cancelled for violation of the building rules. Immediately the petitioner filed an appeal before the Tribunal and obtained a stay and continued construction. Subsequently Exts.P9 and P11 orders were passed directing the petitioner to stop construction. The petitioner is challenging the action of the respondents in interfering with the construction in spite of the stay order of the Tribunal. 2. Subsequent to the filing of the writ petition, on 20.9.2008, the Tribunal allowed the appeal filed by the petitioner with liberty to the Secretary of the Panchayat to initiate fresh w.p.c.24662/08 2 proceedings as per law. As such, no further orders are necessary in this writ petition except to direct the Panchayat to comply with the orders of the Tribunal within a time frame. Accordingly, the Panchayat shall issue fresh notice and complete the proceedings after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Construction, if any, made by the petitioner would be subject to the final orders to be passed by the Panchayat as directed above. In view of the above order, I need not go into the controversy as to whether Ext.P11 was issued by the Panchayat. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.24662/08 3