IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 1385 of 2009(M) ------------------------- PETITIONER(S): --------------- AJEES BEERAN,THOOTHUPPILLY HOUSE, WEST VENGOLA.P.O,PERUMBAVOOR. BY ADV. SRI.DEEPU THANKAN RESPONDENT(S): --------------- 1. VENGOLA GRAMA PANCHAYATH,VENGOLA.P.O, PERUMBAVOOR-683554,REP.BY ITS SECRETARY. ADDITIONAL RESPONDENTS: 2. SHRI.ABASS, PARAPPURATH PUTHPURA VEEDU, VENGOLA P.O., PERUMBAVOOR. (R2 IMPLEADED AS PER ORDER IN I.A.NO.952/02) 3. ANSAR, S/O.PAREETH, AGED 33 YEARS, ONODIPOTHIYIL, WEST VENGOLA P.O. (R3 IMPLEADED AS PER ORDER IN I.A.NO.2171/09) ADV. SRI.SIRAJ KAROLY FOR R1 SRI.M.M.SAIDU MUHAMMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.1385 of 2009 ================== Dated this the 17th day of February, 2009 J U D G M E N T The petitioner is aggrieved by Ext.P6 stop memo, whereby the 1st respondent has directed the petitioner to stop construction of a building, which the petitioner is constricting on the basis of a permit issued by the Panchayat, pursuant to a complaint allegedly received from somebody whose name is not mentioned therein. Learned counsel for the petitioner submits that the alleged complaint is that the construction is encroaching into puramboke land and therefore, the 1st respondent may be directed to measure the property to decide whether there is any encroachment as alleged in the so-called complaint. The counsel for the Panchayat submits that as per his instructions, the petitioner has not made the construction in the property for which permit has been issued. 2. I am of opinion that I need not go into the merits of the contentions in the matter in so far as after issuing Ext.P6 the 1st respondent is bound to take it to its logical conclusion after hearing the petitioner and others concerned. In the above circumstances, this writ petition is disposed of with the following directions: The 1st respondent shall get the property measured with the assistance of the Survey authorities and decide as to whether the w.p.c.1385/09 2 petitioner has encroached into any puramboke land while making constructions or whether the petitioner is constructing the building in the property for which permit has been issued. The 1st respondent shall consider Ext.P9 objection filed by the petitioner in this regard also. The petitioner as well as respondents 2 and 3 shall be afforded an opportunity of being heard before passing orders in the matter. Final decision shall be taken within two months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge