IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 10472 of 2009(D) -------------------------- PETITIONERS: --------------- 1. TOMY SEBASTIAN, S/O.SEBASTIAN, VALIKULATH, MOOLAMATTOM. 2. T.J.JOSEPH, S/O.JOSEPH, THEKKUMKATTIL, ARAKULAM P.O. 3. FRANCISE MATHEW, S/O.MATHEW, KIZHEKKEL HOUSE, ARAKULAM P.O. BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: --------------- 1. THE SECRETARY TO ARAKULAM GRAMA PANCHAYAT, ARAKULAM P.O. REP. BY ITS SECRETARY. 2. THE SECRETARY TO LOCAL ADMINISTRATION SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR OF PANCHAYATS, OLD BOARD OF REVENUE OFFICE MUSEUM ROAD, TRIVANDRUM. 4. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, ' SECRETARIAT, TRIVANDRUM. ADV. SRI.MURALI PURUSHOTHAMAN FOR R1 SRI.DEEPU LAL MOHAN FOR R1 SRI.LEENA MURALI FOR R1 BY GOVERNMENT PLEADER SRI.R.REMESH FOR R2 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10472 of 2009(D) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: THE TRUE COPY OF THE G.O.(M.S.)NO.7/2009/LSGD. EXT.P2: TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT. EXT.P3: TRUE COPY OF THE PETITION FILED BY THE ARAKULAM PANCHAYAT MERCHANTS ASSOCIATION DT. 1.3.2009. EXT.P4: TRUE COPY OF THE PETITION DT. 17.3.2009 FILED BY THE PETITIONERS BEFORE RESPONDENTS 2 AND 3. RESPONDENTS' EXHIBITS: EXT.R1(a): THE PHOTOCOPY OF THE G.O.(MS)NO.140/2009/LSGD DATED 22.07.2009 ISSUED BY THE GOVERNMENT. // TRUE COPY // TKS C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.10472 of 2009 ---------------------------------------- Dated 21st January, 2011 JUDGMENT This writ petition has been filed mainly challenging Exts.P1 and P2 and for a declaration that Exts.P1 and P2 are unconstitutional and against the Kerala Municipality Act and the Kerala Panchayat Raj Act and therefore, unenforceable. A counter affidavit has been filed on behalf of the third respondent in this writ petition. In paragraph three thereunder it is stated thus:- “However, the Government as per G.O.(MS) No.140/2009/LSGD dated 22.7.2009 has stayed all proceedings pursuant to Exhibit P1 until further orders. The photocopy of the G.O.(MS)No.140/2009/LSGD dated 22.7.2009 issued by the Government is produced herewith and marked as Exhibit R3(1). It is submitted that in compliance with the direction in Exhibit R3(1) further proceedings pursuant to Ext.P2 has not been initiated by the Panchayat. Further steps pursuant to Ext.P2 will be taken only on the basis of further Government Order pursuant to Ext.R3(1).” In the light of the above statement made by the third respondent, evidently, no further steps could be taken against the petitioner for the time being. That apart, the very question of any further action against the petitioner based on Exts.P1 and P2 would depend on further WP(C).No.10472/2009 2 Government Order on the subject. Therefore, recording the above statement this writ petition is closed. However, it will be open to the petitioners to challenge any further proceedings in case initiated at a later point of time based on Exts.P1 and P2. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge