IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 W.P(C).No. 17349 of 2008(M) ----------------------------------- PETITIONERS: --------------- 1. JOSE KURUVILLA, CHANDY HOME, S.H.MOUNT, KOTTAYAM. 2. THOMAS KURUVILA, CHANDY HOME, S.H.MOUNT, KOTTAYAM (BOTH REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, MATHEW KURUVILLA). BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.) SRI.THOMAS GEORGE RESPONDENTS: ----------------- 1. THE KUMARANALLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUMARANALLOOR, KOTTAYAM. 2. THE DISTRICT TOWN PLANNER, KOTTAYAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL ADMINISTRATION AND SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER, SRI. K.V. MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: =: 2 := WPC 17349/2008(M) A P P E N D I X EXT.P1: TRUE COPY OF CERTIFICATE DATED 30.03.2007 ISSUED FROM THE DIRECTOR, TECHNICAL, FIRE & RESCUE SERVICES. EXT.P2: TRUE COPY OF COMMUNICATION DATED 18.4.2007 ISSUED FROM THE SPECIAL GRADE SECRETARY, KUMARANELLOOR GRAMA PANCHAYAT. EXT.P3: TRUE COPY OF NOTIFICATION DATED 18.8.1979 OF THE LOCAL ADMN. AND SOCIAL WELFAER (G) DEPARTMENT. // T R U E C O P Y // PA TO JUDGE RP/- ANTONY DOMINIC, J. =============== W.P.(C) NO. 17349 OF 2008 - M ==================== Dated this the 23rd day of June, 2008 J U D G M E N T Ext.P2 order is under challenge. 2. By Ext.P2, on the ground of pendency of the Kottayam Town Planning Scheme published way back in 1979, the building permit sought for by the petitioners for constructing an apartment complex within the jurisdiction of the 1st respondent Panchayat has been declined. 3. Petitioners contend that after publishing the scheme on 18th of August, 1979, Panchayat has not done anything to acquire the land as required therein. Yet another contention that is raised is that the Town Planning Scheme does not extend to the jurisdiction of the Kumaranalloor Panchayat, the 1st respondent herein. 4. Though notice has been served by special messenger on respondents 1 and 2, there is no appearance on behalf of the 1st respondent, who ought to have contested the matter if it had any dispute on the claim raised by the petitioners. Despite two adjournments, it is seen that the Panchayat has not chosen to appear in this court even today. 5. In view of the uncontraverted averments raised by the petitioners, this writ petition will stand disposed of quashing Ext.P2 and WPC 17349/08 :2 : directing the Panchayat to reconsider the matter untramelled by the stand it has taken in Ext.P2. Petitioner may produce a copy of this judgment before the 1st respondent, who shall comply with this judgment within four weeks of receipt of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp