IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 8255 of 2009(B) -------------------------------------- PETITIONER: ------------------- SUNNY T.CHACKO, AGED 50 YEARS, S/O.CHACKO, RESIDING AT THAIKKATTU HOUSE, NJARAKKAD, KADAYOOR P.O. BY ADV. MR.A.T.ANILKUMAR. RESPONDENTS: ------------------------ 1. THE SECRETARY, PAINGOTTOOR GRAMA PANCHAYATH, MUVATTUPUZHA, PIN-686 671. 2. THE ASST. EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOTHAMANGALAM. 3. THE ADDL. TAHSILDAR, KOTHAMANGALAM. R1 BY ADV. MR. MURALI PURUSHOTHAMAN, R2 & R3 BY GOVT. PLEADER MR. MANU. V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8255/2009-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED NO. 1687/1994 OF POTHANICAUD SUB REGISTRY OFFICE. EXT.P.1.A: COPY OF THE SALE DEED NO. 658/2003 OF POTHANICAUD SUB REGISTRY OFFICE. EXT.P.2: COPY OF THE STOP MEMO DTD. 22/08/2008 ISSUED BY THE R.1. EXT.P.3: COPY OF THE APPLICATION AND PLAN DTD. 29/08/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.4: COPY OF THE RECEIPT DTD. 15/09/2008 ISSUED BY THE R.1. EXT.P.5: COPY OF THE STOP MEMO DTD. 10/10/2008 ISSUED BY THE R.1. EXT.P.6: COPY OF THE APPLICATION DTD. 16/10/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.3. EXT.P.7: COPY OF THE LETTER DTD. 09/01/2009 AND SKETCH ISSUED BY THE R.3. EXT.P.8: COPY OF THE APPLICATION DTD. 20/01/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.9: COPY OF THE REMINDER LETTER DTD. 10/02/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.1. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE LETTER NO. A3-433/2008 DTD. 09/03/2009 SUBMITTED BY THIS RESPONDENT BEFORE THE TAHSILDAR, KOTHAMANGALAM. EXT.R1.B: COPY OF THE RESOLUTION NO.IV(19) DTD. 07/02/2009 OF THE PANCHAYAT COMMITTEE. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.8255 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of June, 2009. JUDGMENT 1.The petitioner has an item of land abutting a public road. It is stated by the learned counsel for the first respondent that it is aside a junction. The petitioner wants to put up a boundary wall. The first respondent panchayat took the stand that the petitioner proceeded to construct the wall without obtaining permit from the panchayat and also by encroaching into Government land. Though the petitioner then produced a sketch prepared by the Taluk Surveyor and obtained from the Additional Tahsildar, the Panchayat stood by its view that the measurement has to be done with notice to the panchayat authorities. It is also pointed out by the learned counsel for the first respondent panchayat that even the PWD authorities were not WP(C)8255/09 -: 2 :- present while making the measurement, though the learned Government Pleader submits that his instructions are to the effect that the Additional Tahsildar issued the sketch on the basis of the instructions of the PWD. Whatever that be, the question of compelling the panchayat to grant a building permit can arise only if it is satisfied that necessary documents are produced for consideration of the application for permit. It cannot be held that the panchayat was wrong in its stand that the measurement be taken with notice to the panchayat officials. 2.In the aforesaid circumstances, it is ordered that any request pending before the revenue authorities for measuring the property in question and determining the property over which the petitioner wants to erect the wall, shall be finalised and sketch prepared and issued to the panchayat within an outer limit of one month from now, following which the panchayat will take necessary action and issue permit, if the WP(C)8255/09 -: 3 :- application is otherwise in order. Until such action follows, the petitioner shall not construct the compound wall in question. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/300609