IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 20112 of 2011(L) -------------------------- PETITIONER(S): --------------- C.G. CHANDRAN , CHULLI HOUSE, KALLOOR THRISSUR DISTRICT. BY ADVS. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM RESPONDENT(S): --------------- 1. THRIKOOR GRAMA PANCHAYATH P.O.KALLOOR,THRISSUR DISTRICT PIN 680 317, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY THRIKOOR GRAMA PANCHAYATH P.O.KALOOR, THRISSUR DISTRICT PIN 680 317. 3. ADDL.R3- C.B. SREEVALSAN, S/O C.R.BALAN,CHULLI HOUSE, KALLOOR P.O, ALAGAPPA NAGAR THRISSUR DISTRICT. (ADDL. R3 IS IMPLEADED AS PER ORDER DTD. 24.08.11 IN I.A. 13867/11) R1 & R2 BY ADV. SRI.S.SHANAVAS KHAN, S.C. R3 BY ADV.SRI.SIBY MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20112 of 2011(L) APPENDIX PETITIONERS EXHIBITS :- EXT.P1 : TRUE COPY OF THE ORDER NO.A1 141/2011 DATED 08-07-2011 ISSUED BY THE 2ND RESPONDENT. EXT.P2 : TRUE COPY OF THE LETTER NO.B6-10466/10 DATED 10-01-2011 ISSUED BY THE ADDITIONAL THAHASILDAR, MUKUNDAPURAM. EXT.P2(a): TRUE COPY OF THE SKETCH PREPARED BY THE TALUK SURVEYOR DATED NIL. RESPONDENTS EXHIBITS : NIL. //TRUE COPY// P.A TO JUDGE amk. HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 20112 of 2011 --------------------------------------- Dated this the 11th day of October 2011. JUDGMENT Ext.P1 is under challenge. The Panchayat has issued Ext.P1 provisional order to the petitioner directing him to demolish the construction and has called for objection. The very same order was considered by the Ombudsman for Local Self Government Institutions, Thiruvananthapuram marked as Ext.R3(k). The Ombudsman, after hearing the parties, directed the Panchayat to take decisions on the matter after hearing the affected parties. The Ombudsman also observed that, both parties are free to produce both documentary and oral evidence, if they want to. The Ombudsman directed the Secretary of the Panchayat to pass final order after affording an opportunity of being heard to the parties. For the reason that Ext.P1 is a provisional order and final order is yet to be passed by the Secretary of the Panchayat, no further orders are necessary in this writ petition. W.P.(C) No. 20112/2011 2 In the above said facts and circumstances of the case, the only direction that can be issued by this Court is a direction to the Secretary of the Panchayat to pass final order, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner, additional 3rd respondent and other affected parties, if any. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al