IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WA.No. 1193 of 2007() --------------------- AGAINST THE JUDGEMENT IN WPC.33588/2006 Dated 20/04/2007 .................... APPELLANT(S): PETITIONER ------------------------ K.B.ABBAS, S/O.MOHAMMED, KARAPARAMBIL, VALANCHERRY. BY ADV. SRI.BABU PAUL RESPONDENT(S): PETITIONERS 1 & 2/RESPONDENTS 1,2 & 4 ---------------------------------------------------- 1. T.P.MOOSAKUTTY, S/O.MOHAMMED THOTTAKKARA PALLIYALIL HOUSE, KOLAMANGALAM, VALANCHERRY P.O., MALAPPURAM. 2. T.P.MOIDEENKUTTY, S/O.MOHAMMED,THOTTAKKARA PALLIYALIL HOUSE, KOLAMANGALAM, VALANCHERRY P.O., MALAPPURAM. 3. VALANCHERRY GRAMA PANCHAYATH, REP. BY ITS SECRETARY, VALANCHERRY P.O., MALAPPURAM. 4. SECRETARY, VALANCHERRY GRAMA PANCHAYATH, VALANCHERRY P.O., MALAPPURAM. 5. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT. ADV. SRI.K.GOPALAKRISHNA KURUP SMT.N.SUDHA FOR R3 & 4 GOVT.PLEADER SRI.BENJAMIN PAUL. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No.1193 of 2007 ---------------------------------------------- Dated 2nd July, 2009. J U D G M E N T Kurian Joseph, J. Appellant is the additional third respondent in the writ petition. The writ petitioners are respondents 1 and 2 in the appeal. The writ petition was filed mainly with the following prayer :- “To issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to execute the necessary agreement and to permit the petitioners to commence the construction work of the proposed bus stand pursuant to the decisions No.1(5) and (6) dated 10.3.2005 of the first respondent Panchayat forthwith.” The learned Single Judge after elaborately considering the entire background of the matter and also referring to the earlier judgment of this court as well as the order of the Tribunal, held that “It cannot be disputed by anybody that the land which has been offered by the petitioners for construction of the bus stand is not suitable for establishment of the bus stand. In fact, on the request of the Panchayat, the competent authority has granted approval for establishing the bus stand on that land. The bus WA NO.1193 of 2007 2 stand building to be constructed by the petitioners shall be in accordance with the specifications of the Panchayat only. It is a common ground that the establishment of a new bus stand is a direly felt need of the Panchayat.” It was also noted by the learned Single Judge that the land was given free of cost and the entire construction was being undertaken by the petitioners, again free of cost. The allegation was that the petitioners had been attempting to make an indirect and undue gain by way of appreciation of the remaining land. In view of that allegation, the learned Single Judge permitted vigilance enquiry to be conducted. However, it was made clear that such an enquiry should not stand in the way of the construction being undertaken and completed within six months. The judgment is dated 20.4.2007. The petitioners were directed to file an affidavit before the Secretary of the Panchayat undertaking that they would not raise any objection and claim any equity in case pursuant to the enquiry, the Panchayat decided to shift the bus stand. 2. Learned counsel for the Panchayat submits that WA NO.1193 of 2007 3 pursuant to the judgment of the learned Single Judge, writ petitioners had executed the agreement to the effect that they should complete the construction of the bus stand on or before 10.5.2010. In that view of the matter, nothing survives in the writ appeal. It is made clear that the writ petitioners shall complete the construction of the bus stand on or before 10th May, 2010. It will be open to the appellant to pursue the matter in appropriate proceedings, based on the outcome of the vigilance enquiry. Without prejudice to such liberty, this writ appeal is dismissed. KURIAN JOSEPH, JUDGE. K.SURENDRA MOHAN, JUDGE. tgs KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. ---------------------------------------------- W.A. No.1193 of 2007 ---------------------------------------------- J U D G M E N T Dated 2nd July, 2009.