IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 10294 of 2008(A) -------------------------- PETITIONER: ------------ V.A.ABDUL LATHEEF, VARIKKADAN HOUSE, PALIKKAVALA, MUDICKAL P.O., PERUMBAVOOR. BY ADV. SRI.P.GOPALAKRISHNAN NAIR RESPONDENTS: ------------- MUNICIPAL SECRETARY, PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR. ADDL.R2. THATCHI MUSTAFA, W/O.LATER K.K.MUSTHAFA, KURUMPALIL HOUSE, MUDICKAL P.O. PERUMBAVOOR. R3. SUBAIDA, D/O. LATER K.K.MUSTHAFA, KARUMPALILHOUE MUDICKAL P.O. PERUMBAVOOAR. R4. NAFEESA, D/O. LATE K.K.MUSTHAFA KURUMPALIL HOUSE, MUDICKAL P.O. PERUMBAVOOR. R5. RAZIA, D/O. LATE K.K.MUSTHAFA KURUMPALIL HOUSE, MUDICKAL P.O. PEUMBAVOOR. R6. SUHARA, D/O. LATE K.K.MUSTHAFA KURUMPALIL HOUSE, MUDICKAL P.O. PERUMBAVOOR. R7. KARIM, S/O. LATE K.K.USTHAFA KURUMPALIL HOUSE, MUDICKAL P.O. PERUMBAVOOR. R8 SAJAD, S/O. LATE K.K.MUSTHAFA, KURUMPALIL HOUSE, MUDICKAL P.O. PERUMBAVOOR. (R2 TO R8 ARE IMPLEADED SUO MOTU AS ADDL. RESPONDENTS R2 TO R8 AS PER ORDER DATED 4.4.2008) BY ADV. SRI.A.S.P.KURUP BY S.C. SRI. ASP. KURUP BY G.P. K.J.MUHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO.10294 of 2008 ---------------------------------- Dated this the 9th day of April , 2008 JUDGMENT I have heard the submissions of Sri.P.Gopalakrishnan Nair, the learned counsel for the petitioner, Sri.V.M.Kurian, the learned Standing Counsel for the Municipality and also those of Sri.A.S.P.Kurup, the learned counsel for respondents 2 to 8. 2. This writ petition has been filed a seeking a writ of mandamus commanding the first respondent Municipality to implement Ext.P1 order and to remove the entire unauthorised constructions made upon the puramboke land on the south of the petitioner's property and to leave the puramboke land as vacant land. Sri.P.Gopalakrishnan Nair submitted that since Ext.P1 has attained finality, the party respondents are not entitled to resist implementation of Ext.P1. He also drew my attention to the counter affidavit which had been filed by the party respondents in W.P.(C) No.28514/2007 and submitted that the party respondents cannot have any justifiable objection to the implementation of Ext.P1 in view of their stand in that counter affidavit. WPC No.10294/2008 2 3. Sri.A.S.P.Kurup submits that the petitioner cannot have directions, for leaving the entire puramboke area as vacant land and any direction to evict the party respondents from puramboke land, issued in his favour and against the Municipality since the question of resumption of puramboke land comes within the domain of the revenue authorities. Sri.V.M.Kurian the learned Standing Counsel submitted that Ext.P1 order will be implemented by the Municipality since there is no order by any court or superior authority restraining implementation of Ext.P1. 4. It is agreed before me by all parties that the Civil Suit which stood in the way of implementation of Ext.P1 by the Municipality has now been dismissed. As things obtains now, the Municipality is bound to implement Ext.P1. I, therefore, allow the writ petition issuing the following directions against the first respondent Municipality; The first respondent Municipality will implement Ext.P1 order in letter and spirit and ensure that the constructions which are found therein to be unauthorised constructions are removed completely within three weeks of receiving a copy of this judgment . PIUS C. KURIAKOSE JUDGE dpk WPC No.10294/2008 3