IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 4557 of 2009(P) ------------------------- PETITIONER(S): --------------- PRABHAKARAN,AGED 52,PRESIDENT,PRABATHAM VAYANASALA,KALLUVAZHI, PALAKKAD. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,PALAKKAD DIST, CIVIL STATION, PALAKKAD. 2. THE TAHSILDAR,OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. THE SUPERINTENDING ENGINEER,PWD ROADS AND BRIDGES, NORTH CIRCLE, KOZHIKODE-2. 4. DIRECTOR,NIRMITHI KENDRA, PALAKKAD DIST. 5. THE VILLAGE OFFICER, VELLINEZHI VILLAGE, PALAKKAD DISTRICT. ADDL.R6 6. AYYAPPAN, AGED 58 YEARS, PRESIDENT OF POOKOTTUKAVU GRAMA PANCHAYAT, POOKOTTUVAKU (Impleaded as per order dated 20.3.09 in I.A.4188/09) ADV. SRI.JACOB SEBASTIAN FOR ADDL.R6 SRI.SANTHARAM.P FOR ADDL.R7 GOVERNMENT PLEADER SRI.T.B.HOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, ALONG WITH WPC NO. 33951 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4557 of 2009 APPENDIX EXHIBITS EXT.P1- THE TRUE COPY OF THE NOTIFICATION ISSUED G.O.(MS) 130/97/H.EDN ON 10.9.97 ISSUED BY THE STATE GOVERNMENT EXT.P2- THE TRUE COPY OF THE ORDER NO.RD4 630/08 DATED 2.3.08 OF THE 1ST RESPONDENT EXT.P3- THE TRUE COPY OF THE NOTICE DATED 20.9.08 ISSUED BY THE 2ND RESPONDENT EXT.P4- THE TRUE COPY OF THE ORDER DATED 4.11.08 OF THE 3RD RESPONDENT EXT.P5- THE TRUE COPY OF THE PETITION FOR LEASE PERMIT SUBMITTED BY THE PETITITONER TO UTILIZE THE ENCROACHED PORTION OF PWD LAND. EXT.P6- THE TRUE COPY OF THE ORDER NO.RD4.630/08 DATED 26.3.08 EXT.P7- THE TRUE COPY OF THE STOP MEMO DATED 8.2.09 ISSUED BY THE 5TH RESPONDENT (TRUE COPY) P.A TO JUDGE P.N.RAVINDRAN, J ------------------- W.P.(C)s.4557 & 33951 of 2009 -------------------- Dated this the 17th day of December, 2009 JUDGMENT Common questions arise for consideration in these writ petitions. They were, therefore, heard together and are being disposed of by this common judgment. 2. The dispute involved in these writ petitions relates to the renovation of an existing building wherein the 'Prabhatham Vayanasala' is located. The grievance voiced by the petitioners is that though the District Collector, Palakkad has by order passed on 26.3.2008 granted revised administrative sanction for renovation of the existing building and the work is being carried out by the Project Manager, Nirmithi Kendra, based on the revised estimates, the Village Officer, Vellinezhi Village has issued a stop memo prohibiting further construction. 3. Sri.T.B.Hood, the learned Senior Government Pleader appearing for the respondents submits that the District Collector, Palakkad who granted the administrative sanction can himself resolve the dispute by convening a meeting in which the petitioners in these W.P.(C).4557 & 33951/09 2 writ petitions and the respondents herein can participate. He also submits that the District Collector will convene such a meeting and take a decision within one month from today. As the order staying the construction is one issued by the Village Officer, who is a subordinate officer of the District Collector, the said suggestion, in my opinion, is quite appropriate and reasonable. I accordingly dispose of these writ petitions with a direction to the District Collector, Palakkad, to convene a meeting of the Project Manager, Nirmithi Kendra, the President and Secretary of Pookottukavu Grama Panchayat, the Engineers concerned and the representative of the Palakkad District Library Council. Such a meeting shall be convened and a decision taken in the matter expeditiously and in any event before 31.12.2009. The District Collector shall also invite the petitioners in these writ petitions and the additional sixth respondent in W.P.(C).No.4557 of 2009 to participate in the said meeting. The petitioners and the additional sixth respondent in W.P.(C).No.4557 of 2009 will be bound by W.P.(C).4557 & 33951/09 3 the decision taken by the District Collector at the said meeting. In the event of the District Collector permitting the work to proceed, it shall be completed before the end of the financial year 2009-10. Sd/- P.N.RAVINDRAN, Judge mrcs true copy P.A. To Judge.