IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 4703 of 2008(I) -------------------------------- PETITIONER: ---------------- NOORJAHAN MUHAMMED, W/O. MUHAMMED PELANKULANGARA HOUSE, EDAKKARA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------------ 1. THE EDAKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, EDAKKARA MALAPPURAM DISTRICT. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE TAHSILDAR, NILAMBUR TALUK MALAPPURAM DISTRICT. 4. THE ASSISTANT ENGIEER, MINOR IRRIGATION SECTION, NILAMBUR MALAPPURAM DISTRICT. 5. SAJEEV, S/O.NANI (LATE) ATHIKKAL HOUSE, EDAKKARA, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(C).No.4703 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2008 JUDGMENT Counsel for the 5th respondent sought time for filing counter affidavit. But the learned counsel for the petitioner alleges that the interim order passed by this court on 08/02/2008 is being violated blatantly by the 5th respondent. In response to that, the counsel for the 5th respondent submits that the 5th respondent is not carrying out any construction at all. Learned counsel for the petitioner submits that the proper method for resolving the issue is to direct the third respondent to conduct a measurement and then only permit the 5th respondent to construct the compound wall. It is seen that Ext.P3 representation has been filed by the petitioner before the Tahsildar and one of the prayers in Ext.P3 is that the measurement of the property in question be conducted so that the purmboke can be identified so that encroachment by persons like the 5th respondent can be prevented. Since Ext.P3 is seen pending before the 3rd respondent, I dispose of the writ petition issuing the following directions: WPC.No.4703/08 2 The third respondent will immediately take up Ext.P3, facilitate measurement of the property with notice to the petitioner and the 5th respondent and ensure the preparation of the sketch showing the property belonging to the 5th respondent and puramboke separately. The direction already issued to the 5th respondent not to construct any compound wall without obtaining building permit from the first respondent Panchayat is made absolute. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.4703/08 2