IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 24576 of 2010(V) ------------------------------------ PETITIONER: ------------------- AMBAZHATHINGAL UMMER KOYA, S/O. LATE ABDUL RAHIMANKUTTY HAJI, AGED 51 YEARS A.U.K. HOUSE, P.O.CHELAMBRA, MALAPPURAM DISTRICT. BY ADVS. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY LOCAL SELF ADMINISTRATION(AB) DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. THE ADMINISTRATIVE COMMITTEE, CHELAMBRA GRAMA PANCHAYATH, P.O.CHELAMBRA, MALAPPURAM DISTRICT-673634. 3. THE CHELAMBRA GRAMA PANCHAYATH, P.O.CHELAMBRA, MALAPPURAM DISTRICT REPRESENTED BY THE SECRETARY PIN-673634. 4. THE HEALTH INSPECTOR, PRIMARY, HEALTH CENTRE, CHELAMBRA, MALAPPURAM DISTRICT, PIN-673634. 5. THOLLAPPALLI KALATHIL DEVAKI AMMA, WARD NO.II, HOUSE NO.159, P.O. CHELAMBRA, CHELAMBRA GRAMA PANCHAYATH, MALAPPURAM DISTRICT, PIN-673634. BY GOVT. PLEADER SRI. A.J. VARGHESE R5 BY ADVS. SRI.BABU S. NAIR SRI.K.RAKESH R2 & R3 BY ADV. SRI.E.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24576 of 2010(V) -------------------------------------------- APPENDIX PETITIONERS EXHIBITS: EXT.P1 : COPY OF THE LETTER SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 01.02.2010 CALLING FOR A REPORT FROM THE 4TH RESPONDENT EXT.P2 : COPY OF REPORT SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT EXT.P3 : COPY OF THE BUILDING PERMIT DATED 22.02.2010 ISSUED BY THE R3. EXT.P4 : COPY OF THE APPROVED PLAN EXT.P5 : COPY OF THE NOTICE DATED 12.04.2010 ISSUED BY THE 4TH RESPONDENT EXT.P6 : COPY OF THE REPLY NOTICE DT.14.04.10 SENT BY THE PETITIONER THROUGH HIS ADVOCATE DENYING ALLEGATIONS IN THE NOTICE EXT.P7 : COPY OF THE REPORT DATED 16.04.2010 ISSUED BY THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY. EXT.P8 : COPY OF THE ORDER DATED 23.04.10 ISSUED BY THE 3RD RESPONDENT EXT.P9 : COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE ADMINISTRATIVE COMMITTEE OF PANCHAYATH DT. 28.04.10. EXT.P10 : COPY OF THE RESOLUTION NO. 5(3) DT. 28.04.10 PASSED BY THE ADMINISTRATIVE COMMITTEE OF PANCHAYATH EXT.P11 : COPY OF THE NOTICE DT. 03.05.10 ISSUED BY THE 3RD RESPONDENT EXT.P12 : COPY OF THE MINUTES OF THE PANCHAYTH DT.05.05.10 EXT.P13 : COPY OF REPORT SUBMITTED BY THE SUB COMMITTEE OF THE PANCHAYATH DT. 19.05.10. EXT.P14 : COPY OF THE NOTICE DATED 23.07.10 ISSUED BY THE 3RD RESPONDENT EXT.P15 : COPY OF THE ORDER DATED 09.07.10 ISSUED BY THE 1ST RESPONDENT EXT.P16 : COPY OF OBJECTION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT. 27.07.10. EXT.P17 : COPY OF DECISION DT. 27.07.10 TAKEN BY THE PANCHAYATH FOR DECIDING EX.P14 GOVT. ORDER. WP(C).No. 24576 of 2010(V) -------------------------------------------- EXT.P18 : COPY OF THE ORDER OF THE 3RD RESPONDENT DT. 30.07.10 EXT.P19 : COPY OF THE NOTICE SERVED BY THE 3RD RESPONDENT ON 12.08.2010 EXT.P20 : COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE S.I. OF POLICE THENHIPPALAM POLICE STATION DT. 08.09.10. EXT.P21 : COPY OF COMPLAINT FILED BY PETITIONER'S WIFE BEFORE THE S.I. OF POLICE THENHIPPALAM POLICE STATION DT. 05.08.10. EXT.P22 : PHOTOGRAPHS (4 IN NOS.) RESPONDENT'S EXHIBITS: EXT. R2 (a) : COPY OF THE MINUTES OF THE MEETING HELD ON 29.07.10 EXT. R2 (b) : COPY OF THE MINUTES OF THE MEETING HELD ON 13.08.10 TRUE COPY PA TO JUDGE SMT W.P.(C).No. 24576/2010 S. SIRI JAGAN, J. ------------------------------- W.P.(C).No. 24576/2010 --------------------------------------- Dated this the 10th March, 2011 J U D G M E N T The petitioner seeks the following reliefs. i) to issue a writ of certiorari or any other appropriate writ, order or direction, quashing Exhibits P8 and P15; ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to take up Exhibit P9 appeal and to dispose of the same in accordance with law; iii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to consider the alternate suggestions made in Exhibit P16 before taking coercive steps for closing down the residential apartment by name AUK Quarters, Iddimuzhikkal; and iv) grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case. The parties now agree that Ext.P15 order can be quashed and Ext.P9 appeal filed by the petitioner can be directed to be disposed of by the 2nd respondent expeditiously. Having heard both the sides, I quash Ext.P15 order and dispose of this writ petition with a direction to the 2nd respondent W.P.(C).No. 24576/2010 to consider and pass orders on Ext.P9 appeal filed by the petitioner, after affording an opportunity of being heard to the petitioner and the 5th respondent, as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE smt