IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31495 of 2011(J) --------------------------------------- PETITIONER(S): ------------------------- SAYED FAZAL POOKOYA THANGAL,AGED 37 YEARS,S/O.MR.SAYED ABOOBACKER,CHERUKUNJI THANGAL, RAHMATH MANZIL,P.O. KARUVANTHURUTHY,FAROKE, KOZHIKODE DISTRICT. BY ADV. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENT(S): --------------------------- 1. FAROKE PANCHAYATH,REPRESENTED BY IT'S SECRETARY,FAROKE P.O,KOZHIKODE DISTRICT.673 038 2. ABDUSSALAM,AGED 47 YEARS, S/O.MR.KUNJIPOKKER HAJI,ARACKAL PULIKKATHAZHATH, ISSATH MAHAL,P.O. KARUVANTHURUTHY,FAROKE, KOZHIKODE DISTRICT.PIN-673038 3. MUHAMMED IQBAL,AGED 30 YEARS, S/O.MR.KOYA CHEKKU,OLASSERY HOUSE,MADATHILPADOM, P.O. KARUVANTHURUTHY,FAROKE,KOZHIKODE DISTRICT.673038 BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31495/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DOCUMENT NO.4007/2001 PURCHASED FROM THE 2ND RESPONDENT BY THE PETITIONER. P2 COPY OF THE DOCUMENT NO.4008/2001 PURCHASED FROM THE 2ND RESPONDENT. P3 COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER, KARUVANTHURUTHY, SHOWING THE PROPERTY OF 1.31 CENTS COMPRISED AS PER EXT.P2 DOCUMENT. P4 COPY OF THE COMPLAINT DATED 02/11/2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 31495 of 2011 --------------------------------------- Dated this the 25th day of November 2011. JUDGMENT The writ petition is filed for a direction commanding the first respondent to ensure that illegal structure erected by the 2nd and 3rd respondents is removed and restrain 2nd and 3rd respondents from proceeding with the proposed illegal construction and for other incidental reliefs. 2. Petitioner submits that 2nd and 3rd respondents is attempting to put up a permanent structure encroaching the property of the petitioner. The petitioner lodged Ext.P4 complaint to the first respondent complaining the illegal act of the 2nd and 3rd respondents. Petitioner submits that no action so far has been taken by the first respondent to remove the illegal construction by the 2nd and 3rd respondents. It is pointed out that 2nd and 3rd respondent have constructed a structure without complying with the Kerala Panchayat W.P.(C) No.31495/2011 2 Raj Act or Kerala Building Rules. 3. When the matter is taken up for consideration today, in the admission list, learned counsel for the petitioner submits that Ext.P4 complaint is pending consideration before the first respondent and requests this Court to issue a direction to the first respondent to consider and dispose of Ext.P4 application within a time frame. Since the petitioner limits the relief for disposal of Ext.P4 complaint within a time frame, this Court is of the view that the writ petition can be disposed of without issuing notice to the respondents. 4. In the above circumstances, the writ petition is disposed of with a direction to the 1st respondent to consider and pass appropriate orders on Ext.P4 complaint afresh within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID JUDGE al