IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 8132 of 2009(J) -------------------------------------- PETITIONER(S): ------------------------- V.C.THOMAS, VARIKKAMAKKAL VEEDU, MUTTOM.P.O., THODUPUZHA, IDUKKI. BY ADV. MR.SAIGI JACOB PALATTY RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, LOCAL ADMINISTRATION, SECRETARIATE, THIRUVANANTHAPURAM. 2. MUTTOM GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, MUTTOM IDUKKI. 3. K.V. JOSEPH @ OUSEPPACHAN, S/O VARKEY, KAVALAKKATU HOUSE, MUTTOM KARA, MUTTOM VILLAGE,IDUKKI. R1 BY GOVERNMENT PLEADER MR. V. MANU R2 BY ADVS. MR.B.RAJESH, MR.S.DILEEP (KALLAR). R3 BY ADVS. MR.ABRAHAM P.GEORGE, SMT.K.V.LEKSHMY, MR.K.M.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8132/2009 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE INJUNCTION ORDER PASSED BY THE 2ND RESPONDENT. P2: COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT BY THE PETITIONER. P3: COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT BY THE PETITIONER. P4: COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT BY THE PETITIONER. P5: PHOTOGRAPHS (3 IN NUMBER). RESPONDENT'S EXHIBITS: R3-1: COPY OF THE SITE PLAN ISSUED BY THE VILLAGE OFFICER,MUTTOM. R3-2: COPY OF THE ORDER DTD. 24/04/2007 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THODUPUZHA. R3-3: COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MUTTOM DTD. 12/06/2009. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 8132 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of September, 2009 JUDGMENT The petitioner complains about inaction on the part of the panchayat to complete the statutory proceedings in relation to licence in violation of the Building Rules and other attended rules regarding the construction of a building allegedly being carried out by the 3rd respondent. The panchayat issued issued a stop memo. It also appears that the parties had some criminal cases between them. The panchayat and its Secretary shall discharge duties and responsibilities in terms of the provisions of the Kerala Panchayat Raj Act, 1994 and Kerala Municipalities Buildings Rules, 1994 and the relevant laws. At any rate, they cannot idle on the files that come up before them for consideration. 2. For the aforesaid reasons, without entering on merits, this writ petition is ordered directing that the 2nd respondent or its Secretary, the competent authority, will hear the petitioner and the 3rd respondent and take a decision on the issues in accordance with law and ensure that it is given W.P.(C) No. 8132/09 2 effect to, in terms of law. Let the needful be done within four months from the date of receipt of a copy of this judgment. All issues on merits are left open. THOTTATHIL B.RADHAKRISHNAN, JUDGE. mn.