IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 22920 of 2008(C) -------------------------------------- PETITIONER(S): ----------------------- V.O.MATHEW, S/O.OUSEPH, VATTAPPALLIL HOUSE, PALLIPPURAM, CHERTHALA. BY ADVS. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): ------------------------- 1. THE THYCATTUSSERY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THYCATTUSSERY POST, ALAPPUZHA DISTRICT. 2. THE SECRETARY, THYCATTUSSERY GRAMA PANCHAYATH, THYCATTUSSERY POST, ALAPPUZHA DISTRICT. R1 & R2 BY ADV. SRI.J.OM PRAKASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.22920/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 7.3.1998 BY THE GOVERNMENT OF KERALA. P2:- COPY OF THE ORDER DTD. 26.9.2005 BY THE GOVERNMENT OF KERALA. P3:- COPY OF THE REPRESENTATION DTD. 12.2.08 BY THE PETITIONER. P4:- COPY OF THE JUDGMENT DTD. 15.2.08 IN WPC. 5459/2008. P5:- COPY OF THE COMMUNICATION DTD. 18.4.2008 BY THE 2ND RESPONDENT. P6:- COPY OF THE REPRESENTATION BY THE PETITIONER DTD. 23.6.2008. TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.22920 Of 2008 ----------------------------------------------------- DATED THIS THE 8th DAY OF DECEMBER, 2010 J U D G M E N T The petitioner is having a mining lease issued by the Department of Mining and Geology for carrying on mining operation of silica sand from certain area of land in Survey Nos.55/3-1, 55/3-5, 55/4-B1 and 55/4-B2 of Thycattussery Village. The Writ Petition is filed seeking for a direction to the Panchayat to repair the existing road to make it suitable for taking heavy vehicles of the petitioner. There was an earlier Writ Petition which was disposed of by Exhibit P4 judgment wherein certain directions have been issued on the basis of the representations filed by the petitioner. 2. The learned counsel for the Panchayat on getting instructions submitted that the Panchayat had sought for financial assistance from NABARD who have sanctioned Rs.43 lakhs and steps will be taken to implement the project after release of the funds. 3. In the light of the fact that steps have already been taken by the Panchayat and funds have also been sanctioned, the W.P.(C)No.22920/08 -2- Panchayat may have to move the authorities concerned for releasing the funds expeditiously and on getting the funds, steps will be taken to repair the Cheerathukadu Smasanam Road for making the road convenient for taking heavy vehicles. The same will be completed expeditiously. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn