ROJAN XAVIER Vs. STATE OF KERALA

JUDGEMENT

(1.) Both the appeals are filed by the writ petitioner against a common judgment in W.P. (C) No. 15229 of 2014 and W.P. (C) No. 18560 of 2014 dated 14.08.2014.

(2.) The issues in these writ petitions relate to the construction of a building by the 5th respondent in W.A. No. 1286 of 2014. The contention raised by the petitioner in W.P. (C) No. 15229 of 2014 was that the 5th respondent was constructing the building in violation of the plan and permit issued by the Panchayat and in gross violation of the Kerala Panchayat Building Rules. W.P. (C) No. 18560 of 2014 was filed by the 5th respondent in W.P. (C) No. 15229 of 2014 challenging Ext. P7, a stop memo issued by the Panchayat with regard to the construction of the building aforesaid.

(3.) The parties are referred to as described in W.A. No. 1286 of 2014. The facts involved in the above cases disclose that the 5th respondent has got sanction of a plan from the Panchayat for construction of a residential building. While construction was going on, there was a dispute with regard to the pathway in front of the said site. The petitioners in these cases are brothers and the dispute in regard to the pathway is pending before the Civil Court. It is submitted by both the parties that several issues are pending between the brothers with regard to the property and other matters.