Suresh Joseph v. Poonthrikka Grama Panchayath

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WP(C).No. 19097 of 2015 (J) ---------------------------- PETITIONER(S):

-------------------------- SURESH JOSEPH, S/O.LATE JOSEPH, AGED 43 YEARS, ELAVANAL HOUSE, POOTHRIKKA P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-682 308.

BY ADVS.SRI.JOHN JOSEPH (ROY), SRI.MATHEW JACOB (KUNNATHU).

RESPONDENT(S):

----------------------------

1. POOTHRIKKA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, POOTHRIKKA P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-682 308.

2. THE SECRETARY, POOTHRIKKA GRAMA PANCHAYATH, KUNNATHUNADU TALUK ERNAKULAM DISTRICT-682 308.

3. THE TALUK SURVEYOR, KUNNATHUNADU TALUK, PERUMBAVOOR P.O., PIN-683 542.

4. SMT.SOPHY KURIAN, W/O.KURIAN, ELAVANAL HOUSE, POOTHRIKKA P.O.

KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-682 308. R3 BY GOVT. PLEADER SMT.C.K. SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 19097 of 2015 (J) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER IN FAVOUR OF THE 1ST RESPONDENT.

EXT.P2 COPY OF THE INJUNCTION ORDER IN O.S. NO.17/2015 OF MUNSIFF COURT, KOLENCHERY DATED 20/03/2015.

EXT.P3 COPY OF THE NOTICE DATED 19/03/2015 ISSUED BY THE 2ND RESPONDENT SUSPENDING BUILDING PERMIT.

EXT.P4 COPY OF THE LOCATION SKETCH OF THE PROPERTY OF THE PETITIONER.

EXT.P5 COPY OF THE REPLY DATED 24/03/2015 ISSUED TO THE 1ST RESPONDENT, REQUESTING TO MEASURE THE PROPERTY OF R4.

EXT.P6 COPY OF THE NOTICE DATED 26/03/2015.

EXT.P7 COPY OF THE REQUEST FILED BEFORE THE 3RD RESPONDENT TO MEASURE OUT THE PROPERTY OF THE PETITIONER AS WELL AS 4TH RESPONDENT.

EXT.P8 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE ADALATHUY CONDUCTED BY THE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.19097 of 2015 --------------------------------------- Dated this the 25th day of June, 2015.

JUDGMENT

The petitioner is aggrieved with the non-consideration of Ext.P7 application filed before the 3rd respondent for measuring out the property of the petitioner and the 4th respondent. The application is seen filed only on 17.04.2015. The authority definitely will have to look at the similar applications pending before it and dispose of the same in accordance with law, taking up the same in the order of its filing, and taking up matters earlier filed for disposal first. Considering the fact that the present application is filed just two months back, the matter shall be dealt with as directed herein.

The writ petition is disposed of.

K. VINOD CHANDRAN, JUDGE sp