IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 31071 of 2009(D) -------------------------------------- PETITIONER: ------------------- SAROJINI AMMA, W/O. LATE VISWANATHAN, AGED 73, RESIDING AT VANAMALA HOUSE, KUTHIYATHODE PANCHAYATH, CHERTHALA. BY ADV. MR.R.ANILKUMAR. RESPONDENTS: ------------------------ 1. KUTHIYATHODU GRAMA PANCHAYATH, KITHIYATHODU, CHERTHALA TALUK, REP. BY SECRETARY. 2. JAYAPRAKASH, S/O. CHANDRA PANICKER, KRISHNAKRIPA, KUTHYATHODU WARD NO.7, KUTHIYTHODU GRAMA PANCHAYATH, CHERTHALA TALUK. 3. STATE OF KERALA, REP. BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. R2 BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.S.A.ANAND, MR.PETER JOSE CHRISTO, MR.RAMESH. C.R. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN, J. -------------------------------------- W.P(C).No.31071 OF 2009 ------------------------------------- Dated this the 2nd day of November, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioner pleads that the Secretary of Kuthiyathodu Grama Panchayat is not discharging his duties and responsibilities by enforcing Ext.P2 stop memo. However, the 2nd respondent, the person who is allegedly carrying on the construction, appears through Adv. Sri. S.P.Aravindakshan Pillai, and states that the stop memo was later vacated by the Panchayat Secretary after measuring the property. The learned counsel for the petitioner states that the said exercise is carried out without notice to the petitioner. With these materials and the existence of an ad interim order of temporary injunction in favour of the petitioner from the Munsiff's Court, Cherthala, I do not find any ground to issue any further directions. The matter is hence closed without prejudice to the contentions of either side. THOTTATHIL B.RADHAKRISHNAN, Judge ps