IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 30103 of 2007(H) -------------------------- PETITIONER: ------------ E.V.M. ENTERPRISES, REP. BY ITS MANAGING DIRECTOR, XAVIER MATHEW, 2/188A, MADAVANA, ERNAKULAM. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MUNNAR SPL. GRADE PANCHAYAT, REP. BY ITS SECRETARY, MUNNAR. 3. THE TOWN PLANNER, TOWN PLANNER'S OFFICE, IDUKKI. BY ADV. SMT.AYSHA YOUSEFF, SC, MUNNAR G.PANCHAY FOR R2 SMT.MOLLY JACOB, SC, MUNNAR G.PANCHAYAT GOVERNMENT PLEADER. SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30103/2007 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE BUILDING PERMIT DT.4.8.2000 SO ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE PROVISIONAL ORDER DT.04.05.2007 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE REPLY SUBMITTED BY THE PETITIONER DT.08.05.2007. EXT.P4: COPY OF THE ORDER ISSUED BY THE LSGD TRIBUNAL DT.30.07.2007 IN APPEAL NO.189/07. EXT.P5: COPY OF THE NOTICE DT.14.05.2007 ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF THE REPORT PREPARED BY THE 3RD RESPONDENT DT.20.08.2007. EXT.P7: COPY OF THE COMMUNICATION BY NO. 44308/RA3/07/LSGD DT.20.09.2007 ADDRESSED TO THE ARCHITECT OF THE PETITIONER BY THE 1ST RESPONDENT. EXT.P8: COPY OF THE COMMUNICATION BY NO.44308/RA3/07/LSGD DT.20.09.2007 ADDRESSED 2ND RESPONDENT BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE REPLY DT.27.09.2007 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P10: COPY OF THE NOTICE DT.4.10.2007 ISSUED BY THE 2ND RESPONDENT. EXT.P11: COPY OF THE REPLY DT.08.10.2007 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.30103 OF 2007 ------------------------------------- Dated this the 27th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner has approached this Court challenging Ext.P10 notice issued by the 2nd respondent, Munnar Grama Panchayat, proposing to demolish the construction made by it. According to the Panchayat, the construction has been made in violation of the building permit. Denying the allegations in Ext.P10 the petitioner submitted Ext.P11 and thereafter this writ petition was filed, challenging Ext.P10. The Panchayat has filed a counter affidavit, stating that it is yet to take a decision in the matter after considering the objection of the petitioner. Therefore, this writ petition is premature. 2. Since what is under challenge is only a notice, it is unnecessary for this Court to go to the merits of the contentions of the petitioner or that of the Panchayat. The 2nd respondent shall pass final orders in the matter, taking W.P.(C) No.30103/2007 2 into account the objection raised by the petitioner and after affording an opportunity of being heard to its representative. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps