IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 15472 of 2008(P) ------------------------------------- PETITIONER(S): ----------------------- 1. P.V.MOOSAD, ADVOCATE, PACHAT ILLAM, TRIPRANGODE, MALAPPURAM DISTRICT, PRESENTLY RESIDING AT S.A.ROAD, PANAMPILLY NAGAR, ERNAKULAM. 2. P.BHASKARAN MOOSAD, PACHAT ILLAM, TRIPRANGODE, MALAPPURAM DISTRICT. BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN(SR.) SRI.K.MOHANAKANNAN RESPONDENT(S): ------------------------ TRIPRANGODE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, TRIPRANGODE, MALAPPURAM DISTRICT. ADV. SRI.P.CHANDRASEKHAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15472 of 2008(P) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 - TRUE COPY OF THE LETTER SENT BY THE 1ST PETITIONER TO THE RESPONDENT ON 23.2.2008. EXT.P2 - TRUE COPY OF THE COMMUNICATION DATED 25.2.2008 RECEIVED BY THE 2ND PETITIONER FROM THE RESPONDENT. EXT.P3 - TRUE COPY OF THE RECEIPT OF PAYMENT OF BUILDING PERMIT FEE ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P4 - TRUE COPY OF THE COMMUNICATION RECEIVED BY THE 2ND PETITIONER FROM THE RESPONDENT BEARING NO. 191/07-08 DATED 6.3.2008. EXT.P5 - TRUE COPY OF THE LETTER DATED 12.3.2008 SENT BY THE 1ST PETITIONER TO THE RESPONDENT. EXT.P6 - TRUE COPY OF THE REPRESENTATION DATED 12.3.2008 SENT BY THE 2ND PETITIONER TO THE RESPONDENT ON 12.3.2008. EXT.P6(a) - TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE MATHRUBHUMI DAILY DATED 29.12.2007 BY THE TRIPRANGODE DEVASWOM. EXT.P7 - TRUE COPY OF COMMUNIATION DATED 19.3.2008 RECEIVED BY THE 2ND PETITIONER FROM THE RESPONDENT. EXT.P8 - TRUE COPY OF COMMUNICATION DATED 19.3.2008 RECEIVED BY THE 2ND PETITIONER FROM THE RESPONDENT. EXT.P9 - TRUE COPY OF THE EXPLANATION 19.4.2008 SUBMITTED BY THE 2ND PETITIONER BEFORE THE RESPONDENT. EXT.P10 - TRUE COPY OF THE LETTER SENT BY THE 1ST PETITIONER TO THE RESPONDENT ON 3.4.2008. EXT.P11 - TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE RESPONDENT DATED 7.5.2008. EXT.P12 - TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER BEFORE THE RESPONDENT ON 17.5.2008. EXT.P13 - TRUE COPY OF THE PHOTOGRAPHS OF THE SITE. RESPONDENT'S EXHIBITS: EXT.R1(a) - TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER DATED 27.2.2008 TO THE RESPONDENT PANCHAYAT. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.15472 of 2008 ================== Dated this the 24th day of September, 2008. J U D G M E N T The petitioner claims to be the a 'Kartha' of a Hindu Undivided Family. The petitioner wanted to construct a compound wall, which he claims is only reconstruction of damaged portion of an existing one. In respect of the said application several clarifications were called for which according to the petitioner he has supplied. By Ext.P11, the petitioner was informed that he should produce a certificate showing that he is the Kartha of a Hindu Undivided Family and he should also produce tax receipt from the Village Office. The petitioner would submit that there is no authority who can issue a certificate stating that he is the Kartha of a Hindu Undivided Family. He also submits that tax receipt has already been produced along with Ext.P12. 2. I have heard the learned Counsel appearing for the Panchayat also. 3. In so far as the only objection raised by the Panchayat is as contained in Ext.P11. If the petitioner produced those documents, the Panchayat is bound to consider the petitioner's W.P(C)No.15472 of 2008 - 2 - application for permission. Accordingly, the writ petition is disposed of with the following directions: The petitioner shall produce a certificate from the Village Officer to the effect that the petitioner is the Kartha of a Hindu Undivided Family which owns the property in question. The petitioner shall also produce the tax receipt if the same has not already been produced. On receipt of the above documents the respondent shall pass orders on the application within two weeks therefrom. S.SIRI JAGAN, JUDGE rhs