IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 20027 of 2008(H) -------------------------- PETITIONER: -------------- A.SELVAMUTHU, S/O. ARULAPPA PILLAI, RESIDING AT AMBATTUKALAM, MENONPARA P.O, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: ----------------- 1. THE VADAKARAPATHY GRAMA PANCHAYATH, REPRESENTED BY ITS SPECIAL GRADE SECRETARY, VADAKARAPATHY P.O, PALAKKAD. 2. THE DISTRICT SUPERINTENDENT OF SURVEY, PALAKKAD. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 20027 OF 2008 H = = = = = = = = = = = = = = = = = Dated this the 3rd July 2008 J U D G M E N T Ext. P2 is a notice issued by the 1st respondent Panchayat requiring the petitioner to remove a gate installed by him, on the allegation that it was installed unauthorisedly and resulting in obstruction to the general public. On receipt of Ext. P2, the petitioner has filed Ext. P4 explanation and it is contended that a final decision on Ext. P4 is yet to be taken by the Panchayat. In the meanwhile apprehending that the Panchayat might implement the proposal to remove the gate contained in Ext. P2, this writ petition has been filed. 2. Since Ext. P2 notice has been issued and on its receipt, the petitioner has filed his reply by Ext. P4, it is incumbent on the 1st respondent to take a final decision in the matter with notice to the petitioner. This having not been done, I direct that the 1st respondent shall take a final decision on Ext. P4 with notice as W.P.(C) No. 20027 OF 2008 -2- expeditiously as possible and at any rate within 6 weeks of production of a copy of this judgment. In the meanwhile it will also be open to the petitioner to move the 1st respondent for obtaining reports, if any, from the 2nd respondent as well. It is directed that until a decision is taken on Ext. P4, further proceedings pursuant to Ext. P2 for the removal of the gate in question shall not be continued. 2. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC JUDGE jan/-