IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WP(C).No. 4619 of 2006(Y) -------------------------------------- PETITIONER: -------------------- K.O.JOHNY, KALLARAKKAL HOUSE, KIDANGOOR P.O., ANGAMALI, ERNAKULAM DIST. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENTS: ------------------------ 1. THE THURAVOOR GRAMA PANCHAYAT, THURAVOOR P.O., ANGAMALI (VIA), ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE TALUK SURVEYOR, TALUK OFFICE, ALUVA. 3. THE VILLAGE OFFICER, THURAVOOR VILLAGE, ERNAKULAM DISTRICT. R1 BY ADV. SRI.B.SURESH KUMAR BY GOVERNMENT PLEADER SRI. SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4619/2006 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF SALE DEED NO.5999/04 DTD. 20/12/2004. EXT.P2: COPY OF PATTA NO.P.F.6/77 ISSUED BY THE SPL.TAHSILDAR, LAND ASSIGNMENT OFFICE, PERUMBAVOOR IN FAVOUR OF AUGUSTHY, S/O.OUSPEH. EXT.P3: COPY OF NOTICE DTD. 14/12/2005 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF REPLY DTD. 20/12/2005 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P5: COPY OF LETTER DTD. 30/12/2005 OF THE 3RD RESPONDENT. EXT.P6: COPY OF LETTER DTD. 9/01/2006 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. EXT.P7: COPY OF LETTER DTD. 20/01/2006 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P8: COPY OF NOTICE DTD. 7/02/2006 ISSUED BY THE RESPONDENT NO.1. EXT.P9: COPY OF LETTER DTD. 13/02/2006 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P10: COPY OF LETTER DTD. 13/02/206 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P11: COPY OF COVERING LETTER, REPORT & SKETCH ISSUED BY THE TAHSILDAR. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 4619 OF 2006 ----------------------------------------------- DATED THIS THE 16TH JANUARY, 2008 J U D G M E N T The issue which arises in this writ petition is whether the construction made by the petitioner violates Section 220(b) of the Panchayat Raj Act. Ext.P11 is the “refixing sketch” issued to the petitioner by Taluk Surveyor, Aluva and his report. On perusing the refixing sketch and the report (Ext.P11) it appears to me that there is prima facie merit in the contention of the petitioner that in between his property and the P.W.D.Road puramboke property belonging to one Seby Antony is also situated and the distance between petitioner's property and the P.W.D.Road is more than 3 metres. If it is so, there should not be violation of Section 220(b) of the Act. But I do not propose to decide the issue finally. 2. I quash Ext.P8 and direct the Panchayath to take fresh decision on the question whether the petitioner's construction violates Section 220 (b) of the Panchayat Raj Act with notice to the Executive Engineer of the P.W.D.Division having jurisdiction over the area, Sri. Seby Antony Mazhuvancherry, Kidangoor and to the petitioner. The person to whom notice have been issued will be heard by the Panchayath. It is open to the petitioner to rely on Ext.P11 sketch and WP(C)No.4619/2006 -2- report in the hearing to be conducted by the Panchayath. After hearing is conducted, the Panchayath will pass fresh orders and communicate the orders to the petitioner. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No.4619/2006 -3-