IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 17287 of 2009(E) -------------------------- PETITIONER: --------------- K.G.CLIPPY, S/O.K.C.GEORGE, PROPRIETOR, K.G.C.MISSION SAND, KOLLAMPARAMBIL HOUSE, THOVARI MALA P.O., SULTHAN BATHERY. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENTS: --------------- 1. THE NENMENI GRAMA PANCHAYATH, KOLIYADI, NENMENI P.O., WAYANAD, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, NENMENI GRAMA PANCHAYATH, KOLIYADI, NENMENI P.O., WAYANAD. 3. THE DISTRICT MEDICAL OFFICER, WAYANAD. BY GOVT. PLEADER SRI.P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 17287 of 2009 -------------------------- Dated this the 24th June,2009 J U D G M E N T The challenge in the writ petition is against Exhibit- P14 stop memo issued by the Secretary of the Panchayat. Learned counsel for the petitioner submits that the order is appealable under Section 276 of the Panchayat Raj Act. He also refers to Exhibit-P13 copy of the resolution of the council of the Panchayat giving a different picture to that mentioned in Exhibit-P14. It is up to the petitioner to file an appeal against Exhibit-P14. He may do so. To enable him to file an appeal, the enforcement of Exhibit-P14 shall be kept in abeyance for a period of one week from today. It is made clear that it is up to the appellate body to consider the petitioner's appeal as also the application for stay. I further make it clear that I have not expressed any opinion on the merits of the contention of the petitioner. The fact that one week time is being granted to the petitioner need not be taken as an expression of opinion W.P ( C) No. 17287 of 2009 2 by the Panchayat while dealing with the petitioner's appeal. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 17287 of 2009 3 W.P ( C) No. 17287 of 2009 4