IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 14364 of 2009(M) --------------------------------------- PETITIONER(S): ----------------------- ABDUL AZEEZ, PATTERI MANAIL, P.O. MUYIPOTH, (VIA) MEPPAYUR, KOZHIKODE DISTRICT, PIN - 680 508. BY ADV. MR.C.VALSALAN MR.RAKESH ROSHAN K. MR.THUSHARA V. MR.BIJU J.THADIKKAL RESPONDENT(S): ------------------------- 1. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE, CIVIL STATION, CALICUT. 2. THE VILLAGE OFFICER, CHERUVANNUR, P.O. CHERUVANNUR, (VIA) MEPPAYUR, KOZHIKODE DISTRICT. 3. THE SECRETARY, CHERUVANNUR GRAMA PANCHAYATH, P.O. CHERUVANNUR, (VIA) MEPPAYUR, KOZHIKODE DISTRICT. 4. P.M. BABU, CHERIYANDI MEETHAL, P.O. CHERUVANNUR, (VIA) MEPPAYUR KOZHIKODE DISTRICT. 5. T.V.BABU, THARAVATTATH HOUSE, P.O. CHERUVANNUR, (VIA) MEPPAYUR, KOZHIKODE DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SMT.K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.14364 of 2009-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of June, 2009. JUDGMENT 1.Learned Government Pleader appears for respondents 1 and 2. Notice to respondents 3 to 5 dispensed with preserving their right to move for review of this judgment, if aggrieved. 2.The petitioner is aggrieved by Ext.P5 by which the Secretary of the Grama Panchayat has issued a stop memo and suspension of a building permit already issued to the petitioner. A reading of the impugned decision will show that the Secretary of the Panchayat has acted on the basis of the information given by the Revenue Divisional Officer. This, obviously, is on the basis of proceedings which, ultimately, led to the institution of WP(C).2020/2009 by the petitioner's brother Ismail before this Court. I have disposed of that writ petition today ordering that the proceedings shall be concluded WP(C)14364/09 -: 2 :- by the competent authority within a period of 45 days. I had also quashed the decision of the RDO refusing to entertain the application of the petitioner therein. This means that the decision on the continued construction of the building by the petitioner on the basis of the building permit Ext.P2 will depend upon the decision that the RDO may take on the proceedings ordered to be carried on as per the judgment in WP(C).2020/2009. For the aforesaid reasons, this writ petition is ordered directing that on culmination of proceedings pursuant to the judgment in WP(C). 2020/2009, if the petitioner produces the copy of that decision before the Secretary of the Grama Panchayat, appropriate action will follow on the basis of that decision as regards Ext.P5. All other issues are left open. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/030609