IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 9034 of 2009(Y) ----------------------------------- PETITIONER(S): ------------------------ K.P.ABDU,AGED 56 YEARS, S/O.MOOSA,KUNNATHU PEEDIACKAL, POROOKARA,EDAPPAL,PONNANI, MALAPPURAM. BY ADVS. MR.C.V.MANUVILSAN MR.P.K.KHALEEMUDHEEN MR.P.G.SURESH MR.E.C.BINEESH SMT.K.VIDYA RESPONDENT(S): ------------------------- 1. THE SECRETARY, EDAPPAL GRAMA PANCHAYAT, MALAPPURAM DISTRICT. 2. EDAPPAL GRAMA PANCHAYAT, MALAPPURAM DISTRICT, REP.BY ITS SECRETARY. 3. ABDU,KAVUPADATHU, POROOKARA,EDAPPAL, PONNANI,MALAPPURAM. 4. MOIDEEN,CHAKKAMPULLI, POROOKARA,EDAPPAL, PONNANI,MALAPPURAM. 5. KANNAYIL BAVA,CHAKKAMPULLI, POROOKARA,EDAPPAL, PONNANI,MALAPPURAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9034/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPIES OF THE TITLE DEED EVIDENCING THE TITLE AND OWNERSHIP OF THE PETITIONER IN PROPERTY BEARING SURVEY NO.77/6 OF EDAPPAL VILLAGE. P2:- COPY OF THE APPLICATION DT. 20.1.09, SUBMITTED BEFORE THE IST RESPONDENT FOR PERMIT TO CONSTRUCT A COMPOUND WALL. P3:- COPY OF THE REPRESENTATION DT. 12.2.09. TRUE COPY P.A. TO JUDGE TSS THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 9034 OF 2009 ............................................ DATED THIS THE 25th DAY OF MAY, 2009 JUDGMENT Respondents 1 to 3 served. None appears. Notice to respondents 4 and 5 not returned. Service on those respondents is dispensed with preserving their right to move for review of this judgment, if aggrieved. 2. The petitioner has made Ext.P2 application for permit to build a compound wall. He says that such a compound wall has to be immediately erected since respondents 3 to 5 are attempting to erase a part of the property belonging to the petitioner. If there is any dispute between the petitioner and the respondents 3 to 5, touching the identity of the property, that is a matter to be resolved before the competent civil court. Ext.P2 being an application made in terms of the statute, respondents 1 and 2 are duty bound to consider the same and issue decision thereon in accordance with law. If the application is found to be in order, the permit has to be issued. Therefore, without expressing anything on merits, this writ petition is ordered directing that the WP(C) 9034/2009 2 competent among the respondents 1 and 2 will take up Ext.P2 and decide thereon finally within a period of three weeks from the date of receipt of a copy of this judgment. All other issues are left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk