IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 16000 of 2010(Y) ------------------------------------ PETITIONER: -------------------- ANAYIKONAM KALLIYODU MADANNADA SIVA TEMPLE COMMITTEE, KOLLA, PANAVOOR P.O., NEDUMANGAD, REPRESENTED BY ITS PRESIDENT K.REGHUNATHAN NAIR. BY ADV. SRI.A.RAJASIMHAN RESPONDENTS: ------------------------- 1. M/S INDIA TELECOM INFRA LIMITED, 2ND FLOOR, CHACKACHERI TOWER, SEAPORT AIRPORT ROAD KAKKANAD, COCHIN-682030. REPRESENTED BY ITS MANAGER ACQUISITION. 2. SECRETARY,ANAD GRAMA PLANCHAYAT, NEDUMANGAD. R1 BY ADV. SRI.P.SATHISAN R2 BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ...2/- WPC NO.16000/2010(Y) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MASS COMPLAINT DATED 22/6/2009. EXT.P2: COPY OF THE LETTER DATED 25/7/2010. EXT.P3: COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS DATED 24/10/2009. EXT.P4: COPY OF THE STOP MEMO DATED 16/12/2009. EXT.P5: COPY OF THE SHOW CAUSE NOTICE DATED 16/12/2009. EXT.P6: COPY OF THE LETTER DATED 17/4/2010. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF LICENSE ISSUED BY CENTRAL GOVERNMENT. EXT.R1(b): COPY OF THE BUILDING PERMIT ISSUED BY 2ND RESPONDENT DATED 20.5.2009. EXT.R1(c): COPY OF THE REPLY DATED 22.12.2010. EXT.R1(d): COPY OF KSEB APPROVAL FOR SERVICE CONNECTION. EXT.R1(e): COPY OF BILL FOR THE MONTH OF OCTOBER 2010 DATED 18/11/2010. EXT.R1(f): COPY OF THE SACFA CLEARANCE DATED ISSUED BY GOVERNMENT OF INDIA DATED 28.4.2010. EXT.R1(g): COPY OF APPLICATION FOR USE CERTIFICATE WITH ACKNOWLEDGMENT. //TRUE COPY// P.A. TO JUDGE KRK C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.16000 of 2010 ---------------------------- Dated 16th February, 2011 JUDGMENT The petitioner, a temple committee, filed this writ petition seeking issuance of a writ of mandamus commanding the 2nd respondent to take action for demolishing the unauthorized and illegal construction effected by the first respondent in terms of Exts.P1 to P5. It is the contention of the petitioner that taking note of the illegal and unauthorized construction, earlier, the Panchayat has issued Ext.P4 stop memo. It also carried a caution that coercive steps would be taken in terms of the provisions under section 235W(1) of the Kerala Panchayat Raj Act in case the first respondent failed to demolish the unauthorized construction on his own. Essentially, the grievance of the petitioner is that after issuing Ext.P4 stop memo the second respondent is not taking appropriate action for demolishing the unauthorized construction. 2. I have heard the learned counsel appearing for the petitioner, the learned counsel for the first respondent and also the learned standing counsel for the second respondent. 3. Evidently, Ext.P4 stop memo has been served on the first respondent and it carried a warning as mentioned above. The learned counsel appearing for the first respondent submitted that the second WP(C).No.16000/2010 2 respondent could be directed to consider the issue regarding the necessity to demolish the alleged unauthorized construction after affording an opportunity of being heard to the parties concerned. Evidently, when a proceedings has been initiated by a competent authority by invoking a power the said proceedings has to be concluded in accordance with the provisions. Evidently, the grievance of the petitioner is that despite the issuance of Ext.P4 stop memo no further action was taken by the second respondent. Needless to say that any such action can be taken only with notice to the first respondent. In view of the said postilion, this writ petition is disposed of directing the second respondent to conclude the proceedings commenced as per Ext.P4 with notice to the petitioner as also the first respondent and after affording them an opportunity of being heard. This shall be done within one month from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S. to Judge