IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 33159 of 2011(T) ------------------------------- PETITIONER(S) : --------------------- VICHUS CONSTRUCTIONS PVT.LTD, MOOLEPPADAM ROAD,KAKKANAD WEST PO,KOCHI 682 030, REP.BY ITS MANAGING DIRECTOR,SHRI.K.V.JOSE. BY ADVS. SRI.DEEPU THANKAN SMT.G.RANJITA SMT.SONIA GEORGE RESPONDENT(S) : ------------------------ 1. SUB COLLECTOR, DEVIKULAM, IDUKKI DISTRICT - 685 613. 2. TAHASILDAR, DEVIKULAM, IDUKKI DISTRICT - 685 613. 3. THE SECRETARY, PALLIVASAL GRAMA PANCHAYATH, PALLIVASAL P.O., IDUKKI DISTRICT - 685 565. R1 & R2 BY SRI.MUHAMMED SHAH, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV WPC NO.33159 OF 2011 (T) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1 : COPY OF THE SALE DEED NO.803/10 DATED 9/4/2010 OF SRO , DEVIKULAM. EXHIBIT P2 : COPY OF THE PATTA DATED 22/5/1979 ISSUED BY THE SPECIAL TAHASILDAR (LA), ADIMALI. EXHIBIT P3 : COPY OF THE BUILDING PERMIT DATED 19/7/2010 EXHIBIT P4 : COPY OF ORDER OF THE IST RESPONDENT DATED 9/6/2011 EXHIBIT P4(A) : COPY OF THE LOCATION SKETCH PREPARDD BY THE VILLAGE OFFICER PALLIVASAL DATED 17/5/2011 EXHIBIT P5 : COPY OF THE LETTER SUBMITTED TO THE 2ND RESPONDENT DATED 23/6/2011 EXHIBIT P6 : COPY OF THE LETTER SUBMITTED TO THE 3RD RESPONDENT DATED 23/6/2011 EXHIBIT P7 : COPY OF THE PROCEEDINGS OF THE IST RESPONDENT DATED 24/11/2011 EXHIBIT P8 : COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 25/11/2011 EXHIBIT P9 : COPY OF THE PROCEEDINGS OF THE IST RESPONDENT DATED 7/12/2011 EXHIBIT P10 : COPY OF THE APPLICATION SUBMITTED BY PETITIONERS FOR RELINQUISHMENT OF THE LAND DTD: 02.12.2011. EXHIBIT P11 : COPY OF THE AFFIDAVIT SUBMITTED BEFORE THE 1ST RESPONDENT DTD: 03.12.2011. EXHIBIT P12 : COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS TO THE 1ST RESPONDENT DTD: 17.12.2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE AMV ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 33159 of 2011 T ``````````````````````````````````````````````````````````` Dated this the 22nd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Ext.P4 is the proceedings of the first respondent, permitting shifting of a pathway in the property of the petitioner comprised in R.S.No.215/1 of Block No.14 of Pallivasal village to the northern boundary of the property, subject to the conditions mentioned therein. This order was issued on 09.06.2011. Subsequently, Ext.P9 order was issued on 07.12.2011, cancelling Ext.P4 on the basis that the conditions specified in Ext.P4 were not complied with by the petitioner. It is challenging Ext.P9, this writ petition is filed. 2. Along with IA.No.20444/011, petitioner has produced as Exts.P10 and P11, application and affidavit dated 02.12.2011 and 03.12.2011, by which, according to him, he made applications which satisfy the conditions of Ext.P4. He also made Ext.P12 representation to the first W.P.(C) No.33159/2011 : 2 : respondent requesting that in view of Exts.P10 and P11, Ext.P4 be reconsidered. 3. When the case was taken up today, counsel for the petitioner requested that the first respondent may be directed to consider his representation and to recall Ext.P9. 4. I heard the learned Government Pleader appearing for the respondents also. 5. As already seen, the reason which persuaded the first respondent to pass Ext.P9 order is the alleged non compliance of the conditions specified in Ext.P4. If on the strength of Exts.P10 and P11, petitioner is able to satisfy the first respondent that the conditions have in fact been complied with, prima facie, there is no reason why the request of the petitioner shall not be considered. 6. In that view of the matter, I dispose of this writ petition with the following directions:- That on the production of a copy of this judgment along with a copy of the writ petition and IA No.20444/2011, the first W.P.(C) No.33159/2011 : 3 : respondent will consider Ext.P12 representation filed by the petitioner, in the light of Exts.P10 and P11 and with notice to him and orders on the representation shall be passed, as expeditiously as possible, at any rate, within six weeks from the date of production of a copy of this judgment. In the meantime, further proceedings pursuant to Ext.P9 will be kept in abeyance. Petitioner shall produce a copy of this judgment and a copy of the writ petition before the first respondent for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks/22/12 // True Copy // P.A. To Judge