IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 15656 of 2006(L) ---------------------------------- PETITIONER(S): --------------- ANISH RAHIM, S/O. ABDUL RAHIM, THAIPARAMBIL HOUSE, PALLIKACHIRA KAVALA, PAIPPAD, CHANGANACHERRY. BY ADV. MR.P.A.MOHAMMED SHAH RESPONDENT(S): -------------------- 1. SECRETARY, TRIBUNAL FOR LOCAL SELF GOVT.INSTITUTION, TRIVANDRUM. 2. PAIPPAD GRAMA PANCHAYATH, REP. BY SECRETARY, PAIPPAD GRAMA PANCHAYATH, PAIPPAD. 3. SECRETARY, PAIPPAD GRAMA PANCHAYATH, PAIPPAD, CHANGANACHERRY. 4. SUPERINTENDENT, SURVEY & LAND RECORDS, KOTTAYAM. ADV. MR.VARGHESE C.KURIAKOSE FOR R2 GOVERNMENT PLEADER MS. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15656 of 2006 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF T6ITLE DEED DATED 16.6.2001. EXT.P2: COPY OF PLAN DATED IS FURNISHED FOR CSNTRUCTION OF A DOUBLE STORIED BUILDING. EXT.P3: COPY OF SITE PLANT DTD 23.7.2005 IN WHICH THE RE-SURVEY STONE WAS CONSIDERED AS BOUNDARY. EXT.P4: COPY OF NOTICE ISSUED BY R3 DTD 2.9.2004. EXT.P5: COPY OF NOTICE ISSUED BY R3 DTD 14.10.2004. EXT.P6: COPY OF APPEAL DTD 28.10.2004. EXT.P7: COPY OF JUDGMENT OF THE TRIBUNAL DTD 12.5.05. EXT.P8; COPY OF ORDER ISSUED IN FROM NO.13 DTD 21.7.2005. EXT.P9: COPY OF APPEAL DATED 14.10.2005. EXT.P10: COPY OF RECEIPT ISSUED BY R4. EXT.P11; COPY OF NOTICE ISSUED BY R3 DTD 21.7.2005. EXT.P12; COPY OF JUDGMENT OF THE TRIBUNAL DTD 4.4.2006. EXT.P13: COPY OF NOTICE ISSUED BY THE PANCHAYAT DTD 7.6.2006. EXT.P14: COPY OF ORDER ISSUED BY R4 DATED 16.10.2007. EXT.P15: COPY OF REPRESENTATION FILED BY THE PETITIONER BY DATED NIL. EXT.P16; COPY OF DECISION OF THE PANCHAYAT COMMITTEE DATED 6.12.2008. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.15656 OF 2006 ---------------------------------------- Dated this the 6th day of March, 2009 JUDGMENT The issue involved in this writ petition is a dispute regarding the validity of a construction made by the petitioner. The impugned orders have been passed based on a certificate issued by the Survey Authority. Now the petitioner submits that against that order, the petitioner had filed Ext.P9 before the Superintendent of Survey, who has now issued Ext.P14 subsequent to the passing of the impugned orders. But Ext.P14 could not be considered and orders passed in view of the pendency of this writ petition. The Panchayat has also issued Ext.P16, wherein the Secretary has been authorised to take appropriate steps in accordance with the orders of this Court. 2. I am of opinion that now that Ext.P14 has been issued by the District Superintendent of Survey and Land Records, Kottayam, regarding the land and the construction made thereon, the Secretary of the Panchayat shall consider Ext.P15 in the light W.P.(c)No.15656/06 2 of Ext.P14 and pass appropriate orders after hearing all parties concerned. There would be an order to that effect which shall be passed as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.15656/06 3