IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 13531 of 2008(J) -------------------------- PETITIONER(S): --------------- G.SUDHAKARAN, AGED 57 YEARS, S/O.GOVINDAN, SUNIL BHAVAN, KODUMON P.O., KODUMON, ADOOR, PATHANAMTHITTA. BY ADV. SRI.R.RANJITH SRI.M.T.SURESHKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KODUMON GRAMA PANCHAYATH, KODUMON, KODUMON P.O., PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY (SPECIAL GRADE). ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) FOR R2 SRI.A.R.DILEEP FOR R2 SMT.KAVITHA GANGADHARAN FOR R2 SMT.SURYA SASI FOR R2 GOVT. PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 13531/2008. -------------------------------------------------------------------- EXT.P1 TRUE COPY OF LICENSE DT. 11-2-2008. EXT.P2 RENT AGREEMENT DT. 29-1-2008. EXT.P3 NOTICE DT. 17-4-2008. EXT.P4 RECEIPT DT. 17-4-2008. EXT.P5 REPLY DT. 19-4-2008. RESPONDENTS' EXHIBITS: ------------------------------------- EXT.R2(a) NOTICE DT. 17-4-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 13531 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th October, 2008. J U D G M E N T The petitioner is challenging Ext. P3 order, whereby proceedings were sought to be initiated for making constructions in the petitioner's property without obtaining a permit as contemplated in the Kerala Panchayat Raj Act. 2. The Panchayat has filed a counter affidavit wherein it is stated that earlier, as per directions from the Panchayat, the petitioner had demolished the unauthorised construction and thereafter, under cover of continuous holidays, the petitioner reconstructed the same. They would further submit that Ext. P3 is perfectly valid in so far as the petitioner has made the construction without obtaining a building permit as contemplated under the Kerala Panchayat Raj Act. 3. I am not going into the rival contentions now in so far as it is only proper that the 2nd respondent passes final orders in the matter against which the petitioner can file an appeal as contemplated under the Kerala Panchayat Raj Act. Accordingly, I dispose of this writ petition with a direction to the 2nd respondent to pass final orders pursuant to Ext. P3 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The direction for demolishion shall not be enforced till then, on condition that the petitioner shall not make any further construction. Sd/- S. Siri Jagan, Judge. Tds/