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High Court of KeralaWP(C)/7556/2015disposed of

John T Abraham v. The Ranny Grama -Panchayat

2015-03-104 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No. 7556 of 2015 (T) ------------------------------------ PETITIONER(S):

----------------------- JOHN T. ABRAHAM, THOPPIL HOUSE, VAIKOM, RANNY VILLAGE, PATHANAMTHITTA.

BY ADVS.SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX RESPONDENT(S):

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

1. THE RANNY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, RANNY P.O., PATHANAMTHITTA PIN-689 672.

2. THE SECRETARY, RANNY GRAMA PANCHAYATH, RANNY P.O., PATHANAMTHITTA PIN-689 672.

3. T. C. JOSEPH, THOMPURAMANNIL, RANNY P.O., PATHANAMTHITTA-PIN-689 672.

4. STATE OF KERALA, REP BY ITS SECRETARY, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

5. THE PRESIDENT, RANNY GRAMA PANCHAYATH, RANNY P.O., PATHANAMTHITTA, PIN-689 672 R4 BY GOVERNMENT PLEADER SMT.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 7556 of 2015 (T) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1:-TRUE COPY OF THE COMMON JUDGMENT DTD 4/2/2015 IN WPC NO 5190/2013 AND WPC NO 14495/2014 OF THIS HON'BLE COURT. EXT. P2:-TRUE COPY OF THE ORDER BEARING NO A1-608/2015 DTD 21/2/2015 ISSUED BY THE 2ND RESPONDENT.

EXT. P3:-TRUE COPY OF THE PHOTOGRAPHS SHOWING THE HOUSE AND COMPOUND WALL OF PETITIONER.

EXT. P4:-TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 7556 of 2015 -------------------------------------------------- Dated this the 10th day of March, 2015

J U D G M E N T

In this writ petition, the petitioner is seeking a direction to stay the operation of Ext.P2 pending disposal of Ext.P4 appeal.

2.

Ext.P4 appeal was filed before the 1st respondent. According to the petitioner, though an interim relief was sought for, no order is passed on the same till date. The petitioner alleges that in the meanwhile, the 2nd respondent is proceeding in furtherance of Ext.P2 and taking steps to demolish the compound wall of the petitioner. It is with this background, the petitioner has come up before this Court. 3.

Heard the learned counsel for the petitioner and the learned Government Pleader in the matter. As the limited prayer in this writ petition is only to keep Ext.P2 in abeyance, the 1st respondent is directed

W.P.(C) No. 7556 of 2015 ..2..

not to take further action on Ext.P2 till Ext.P4 is finally disposed of. The 1st respondent is also directed to dispose of Ext.P4 as early as possible after affording the petitioner and all other affected parties an opportunity of being heard.

The writ petition is disposed of as above.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-