IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 38691 of 2010(J) -------------------------- PETITIONER: --------------- M.M.MOHAMMED KUNJU, AGED 65 YEARS, S/O.MR.MOHAMMED, MARAUGATTU HOUSE, ADOOPARAMBU, MOOVATTUPUZHA P.O., PIN-686 661, ERNAKULAM DISTRICT. BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 1. 2. STATION HOUSE OFFICER, POLICE STATION, MOOVATTUPUZHA-686 661. 3. CIRCLE INSPECTOR OF POLICE, POLICE STATION, MOOVATTUPUZHA-686 661. 4. DEPUTY SUPDT.OF POLICE, MOOVATTUPUZHA-686 661. 5. SULAIMAN @ SALEEN, S/O.MR.HUSSAIN, PRESIDENT, MUHAYIDHEEN JUMA MASJID, VELAKKOTTU VEETTIL, ADOOPARAMBU, MOOVATTUPUZHA P.O., PIN-686 661. 6. ISMAIL, S/O.MR.HASSON, PANTHALAKKATTU PUTHENPURAYIL HOUSE, ADOOPARAMBU, MOOVATTUPUZHA P.O., PIN-686 661. 7. MOOSA, S/O.MR.MUTHU MEERA RAWTHER, KALLUMKAKUDIYIL HOUSE, ADOOPARAMBU, MOOVATTUPUZHA P.O., PIN-686 661. W.P.C. NO.38691/2010 8. JALEEL, S/O.MR.NAVOOR KHANI RAWTHER, POTTEKANDATHIL HOUSE, ADOOPARAMBU P.O.-686 661. 9. HASSAN RAWTHER, S/O.MR.K.M.BAVA RAWTHER, PAUTHALAKKATTU HOUSE, ADOOPARAMBU, MOOVATTUPUZHA P.O.-686 661. 10. ASHRAF, S/O.MR.NAVOOR KHAI RAWTHER, PAUTHALAKKATTU HOUSE, ADOOPARAMBU, MOOVATTUPUZHA-686 661. ADDITIONAL R11 IMPLEADED: 11. THE AVOLY GRAMA PANCHAYATH, AVOLY P.O., MOOVATTUPUZHA, ERNAKULAM DISTRICT, REPRESENTTED BY ITS SECRETARY IS IMPLEADED AS PER ORDER DATED 06/06/11 IN I.A.8597/11. R1 TO R4 BY GOVERNMENT PLEADER SMT.C.M. CHARISMA R5 TO R10 BY : ADVS. SRI.P.FAZIL SMT.JAYASREE MANOJ SRI.A.C.THOMAS ADHIKARAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C. NO.38691 OF 2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE POSSESSION CERTIFICATE DATED 18/11/2008 ISSUED BY THE VILLAGE OFFICER; MOOVATTUPUZHA. EXT.P2: COPY OF THE TAX RECEIPT DATED 17.102008 ISSUED BY THE VILLAGE OFFICER, MOOVATTUPUZHA. EXT.P3: COPY OF THE BUILDING PERMIT DATED12.11.2010 ISSUED BY THE SECRETARY, AVOLY GRAMA PANHCAYATH. EXT. P4: COPY OF THE COMPLAINT DATED 22.12.2010 FILED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT. R5(a): COPY OF THE NO OBJECTIONCERTIFICATE NO.A3-1041/07 DATED 11.11.2010 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PWD TO AVOLY GRAMA PANCHAYATH. EXT.R5(b): COPY OF THE BUILDING PLAN SUBMITTED BY PETITIONER TO THE AVOLY GRAMA PANCHAYATH. EXT.R5(c): COPY OF THE PETITION DATED 27.12.010 SUBMITTED BY THE PETITIONER TO THE ASSISTANT EXECUTIVE ENGINEER, PWD. // TRUE COPY// P.A. TO JUDGE smvd R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.38691 OF 2010 ............................................. Dated this the 13th day of June, 2011. JUDGMENT Basant, J: This petition is to afford police protection to the petitioner to undertake the construction of a commercial building as per Ext.P3 building permit issued by the 11th respondent panchayat. During the pendency of these proceedings, there was a challenge against Ext.P3 before the Tribunal for Local Self Government Institutions and the Tribunal by the judgment in Appeal.No.67/2011 dated 14.3.2011 has allowed the appeal in part and directed that operation of the building permit - Ext.P3 be kept in abeyance till the Secretary takes a decision on a specified question. Admittedly, that decision has not been taken by the Secretary yet. There is appearance on behalf of 11th respondent and 11th respondent submits that some further time will be needed for taking a decision on that aspect as the Secretary has to depend upon several other authorities to collect relevant inputs. : 2 : 2. We are in these circumstances satisfied that this writ petition need not be kept pending any longer. If and after the petitioner secures a valid permit, if necessary, the petitioner can again come before this Court seeking police protection. With the above observations, this writ petition is dismissed. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. /true copy/ P.S. to Judge. cl