Panchayat must expeditiously conclude pending enquiry with hearings before deciding construction applications.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibit.P4 and quash the same.

ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1& 2 to issue NOC to the petitioner to construct the compound wall.

iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 3^rd respondent to issue permission to the petitioner to construct the compound wall.

iv) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 & 2 to complete the proceedings mentioned in Ext.P4, at the earliest, within a time limit fixed by this Hon’ble Court.

v) dispense with production of English Translation of Malayalam exhibits.

vi) grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including cost."

[SIC]

2. Petitioner is an 89-year-old man, and he wants to construct a boundary wall on the western side of his property. The petitioner submitted an application before the 1^st respondent Panchayat, because, the road on the side of the place where construction is to be made is situated in that Panchayat. The 1^st respondent informed the petitioner vide Ext.P4 that a complaint is pending in connection with the same and that the petitioner's application can be considered only after the enquiry is concluded.

Hence, this writ petition.

3. Heard counsel for the petitioner, respective Standing Counsel appearing for respondents 2 and 3.

4. This Court perused Ext.P4 notice. After going through the same, I think there can be a direction to the 1^st respondent Panchayat to conclude the enquiry stated in Ext.P4 within a time frame and thereafter to consider the application submitted by the petitioner for permission to construct the boundary wall.

Therefore, this Writ Petition is disposed of with the following directions:

1. The 1^st respondent is directed to conclude the enquiry mentioned in Ext.P4, after giving an opportunity of hearing to the petitioner and the affected parties, if any, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of the judgment.

2. Based on the decision in the enquiry, the application submitted by the petitioner for the construction of the boundary will be considered forthwith thereafter.