IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 7384 of 2008(D) ------------------------- PETITIONER(S): --------------- VIJAYAMMA, D/O.RAJAMMA, AGED 69 YEARS NIRMALA BHAVAN, POTHENCODE P.O. AYIROORPARA VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. SUMIYYA MUSHADIQ, ADRM BUNGLOW ANWAR RAILWAY COLONY, SOUTHERN RAILWAY POOJAPPURA, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT GOVRNMENT SECRETARIAT, THIRUVANANTHAPURAM 3. POTHENCODE GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, POTHENCODE THIRUVANANTHAPURAM. 4. SRI. M.VIJAYANAND, SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. TPM.IBRAHIM KHAN R3 BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.7384 OF 2008 ------------------------------------------- Dated this the 28th day of May, 2009 JUDGMENT 1.The petitioner challenges a preliminary notice, accusing her of having made certain constructions in violation of the Panchayat Raj Act. An interlocutory order was granted at the stage of admission, whereby, further action against the petitioner stands interdicted. That status continues for more than an year now. The Panchayat is on record by its counter affidavit stating, among other things, that the impugned Ext.P14 is only a notice and the petitioner could have submitted objection or explanation to that and that the writ petition is therefore premature. 2.Having regard to the fact that the petitioner is entitled to file objections and in view of the interim orders governing the parties, it is directed that status quo as on today will be maintained until the Panchayat takes final decision on any objection to Ext.P14 as may be filed by the petitioner, provided WPC.7384/08 Page numbers the petitioner files such objection/explanation within a period of three weeks from now. If the Panchayat authorities decide against the petitioner, the reasons thereof shall also be stated since the petitioner would be entitled to seek appropriate statutory relief against such decision. The writ petition is ordered accordingly, leaving open all other contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.29/5.