IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 14866 of 2009(C) -------------------------- PETITIONER: --------------- E.NAZEERUDEEN, SABIL HOUSE, PONGANADU.P.O., KILIMANOOR-695601. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE, KILIMANOOR. 2. SUB INSPECTOR OF POLICE, KILIMANOOR. 3. KILIMANOOR GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KILIMANOOR, TRIVANDRUM. 4. AJITHAN, CHAMAVILA VEEDU, PONGANAD. 5. SHAJI, WOODLAND,PONGANAD. 6. MANOJ, THETTIKKUZHIVILA VEEDU, PONGANAD. 7. JAYAKUMAR, ALAPPATT VEEDU, PONGANAD. R3 BY ADVS. M/S. K.SIJU & PRATHEESH.P R4 TO R7 BY ADVS. M/S.T.M.ABDUL LATHEEF & A.MOHAMED RASHEED GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 14866/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE DEED NO. 2475/2006 OF SUB REGISTRAR'S OFFICE, KILIMANOOR. EXT.P2 TRUE COPY OF THE SALE DEED NO 2477/2006 OF SUB REGISTRAR'S OFFICE, KILIMANOOR. EXT.P3 TRUE COPY OF THE PETITION DATED 20.4.2009 SUBMITTED BY THE PETITIONER BEFORE THE KILIMANOOR GRAMA PANCHAYAT COMMITTEE. EXT.P4 TRUE COPY OF THE RE-SURVEY PLAN OF BLOCK NO. 29, SURVEY NO. 156 OF KILIMANOOR VILLAGE. EXT.P5 TRUE COPY OF THE SKETCH PREPARED BY THE PETITIONER SHOWING THE LIE OF HIS PROPERTY AS WELL AS THE PUBLIC MARKET. EXT.P6 TRUE COPY OF THE DECISION NO. iii(3) DATED 4.5.2009 OF THE KILIMANOOR GRAMA PANCHAYAT. EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 23.5.2009 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2. EXT.P8 TRUE COPY OF THE MAHAZAR PREPARED BY THE KILIMANOOR EXCISE RANGE INSPECTOR, SRI. SHAJAHANN, IN CONNECTION WITH THE SEIZURE OF ARRACK FROM PERSONS CONDUCTING SALE OF THE SAME, NEAR THE PUBLIC MARKET AND THE GOVERNMENT HOMEO DISPENSARY. EXT.P9 TRUE COPY OF THE MAHAZAR PREPARED BY THE KILIMANOOR EXCISE RANGE INSPECTOR, SRI. N. BABU PILLAI IN CONNCTION WITH THE SEIZURE OF ARRACK FROM PERSONS CONDUCTING SALE OF THE SAME, NEAR THE PUBLIC MARKET AND THE GOVERNMENT HOMEO DISPENSARY. EXT.P10 TRUE COPY OF THE NOTICE NO. A1-153/09 DATED 9.6.2009 ISSUED BY THE PANCHAYAT AND RECEIVED BY THE PETITIONER ON 10.6.2009. :2: WP(C) 14866/2009 EXT.P11 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER, WHICH IS WRONGLY DATED 9.6.2009, BUT COMMUNICAZTED ON 12.6.2009 TO THE PACHAYAT. EXT.P12 TRUE COPY OF THE RELEVAT EXTRACT OF THE ELECTORAL ROLL OF THE SECOBND WARD OF THE NAGAROOR GRAMA PANCHAYAT PERTAINING TO THE YEAR 2005. RESPONDENTS' EXHIBITS: EXT.R4(A) TRUE COPY OF THE PHOTOGRAPH EXT.R4(B) TRUE COPY OF THE PHOTOGRAPH. EXT.R4(C) TRUE COPY OF THE PHOTOGRAPH. EXT.R4(D) COPY OF PHOTOGRAPH. EXT.R4(E) TRUE COPY OF THE PAPER REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 13.5.2009. EXT.R4(F) TRUE COPY OF THE PETITION DATED 3.5.2009 FILED BEFORE THE PANCHAYAT. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 14866 OF 2009 = = = = = = = = = = = = = = = = = DATED THIS, THE 6TH DAY OF JULY, 2009. J U D G M E N T Raman, J. Third respondent Panchayath, on being served notice, entered appearance through counsel. It is submitted that though the Panchayat had granted permission for construction of the compound wall earlier, it has been revoked subsequently since the same was not constructed in accordance with the plan. subsequently, a revised plan was submitted. 2. In the reply affidavit filed by the petitioner, Ext.P11 is produced which is a request to the Panchayat for inspecting the property and satisfy themselves that the petitioner's construction is strictly within his boundaries only. Ext.P11 will be considered by the Panchayath and a decision will be taken after hearing all parties concerned. At this stage, there is no room for giving any protection. It is assured that the panchayath will take a decision and communicate the same to the petitioner as early as possible at any rate, within a period of one month. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-