IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 10130 of 2009(I) --------------------------------------- PETITIONER(S): ------------------------- O.P.JOSEPH, S/O.PAILY, 'SISIRAM COTTAGE', M.S.A.ROAD, MUNNAR, K.D.H.VILLAGE, IDUKKI DISTRICT. BY ADVS. MR.SANTHOSH MATHEW, MR.SATHISH NINAN, MR.ARUN THOMAS. RESPONDENT(S): --------------------------- 1. THE SECRETARY, MUNNAR GRAMA PANCHAYAT (SPECIAL GRADE), IDUKKI DITRICT. 2. THE SECRETARY, LAND BOARD, KERALA, OFFICE OF THE LAND BOARD AND COMMISSIONER (LAND REVENUE), THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIVANDRUM. R1 BY ADVS. SMT.AYSHA YOUSEFF, SMT.MOLLY JACOB. R2 & R3 BY GOVERNMENT PLEADER MR. SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10130/2009 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF BUILDING PERMIT ISSUED BY THE MUNNAR GRAMA PANCHAYAT ON 28/02/2000. P2: COPY OF THE TAX RECEIPTS FOR 2005-06 DTD. 13/01/2006 AND 2006-07 DTD. 20/09/2006. P3: COPY OF THE TAX RECEIPT FOR 2007-08. P4: COPY OF THE APPLICATION DTD. 28/07/2007 SUBMITTED BY THE PETITIONER. P5: COPY OF THE LICENCE DTD. 18/01/2008 ISSUED BY THE 1ST RESPONDENT. P6: PHOTOGRAPH OF THE BUILDING BEFORE THE DEMOLITION OF THE ROOF. P7: COPY OF THE JUDGMENT DTD. 24/03/2008 IN WPC.NO.8585 OF 2008. P8: COPY OF THE LETTER DTD. 16/08/2007 ISSUED BY THE 1ST RESPONDENT. P9: COPY OF THE MINUTES OF THE MEETING DTD. 8/03/2007. P10: PHOTOGRAPHS OF THE BUILDING AFTER THE DEMOLITION OF THE BUILDING. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.10130 OF 2009 ------------------------------------------- Dated this the 8th day of June, 2009 JUDGMENT Following the order dated 22.5.2009, learned senior Government Pleader submitted that the case of the petitioner could be finalised within a period of six weeks and to put it generally, one of the Thandaper account books has been re- constituted and steps are ahead on a war footing to finalise matters relating to the KDH village. He also stated that even as regards the petitioner's case, there appears to be controversy as to the title. Recording the submission that the petitioner's case would be finally disposed of within a period of six weeks, it is ordered that respondents 2 and 3 will ensure that the petitioner's case for NOC from the State Government authorities is decided upon within a period of six weeks. Having regard to the fact that the existence of the building of the petitioner is not in dispute, he is permitted to put up appropriate temporary tin sheet roofing, either by replacing the existing roof or otherwise, WPC.10130/09 Page numbers in view of the ensuing monsoon. Such improvement will be entirely at the risk of the petitioner and will not work out any equity in his favour and will, in no way, impair the right of the respondents, if any, to proceed against the building in question in accordance with law. The writ petition is ordered accordingly, leaving open all other contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.9/6.