IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WA.No.2360 of 2008 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.33458/2008 Dated 17/11/2008 .................... APPELLANT/PETITIONER:- ------------------------------------ PARTHASARADHY PROPERTIES PRIVATE LTD., HAVING ITS REGISTERED OFFICE AT 35/3076A, IST FLOOR, MADAMPIL BUILDING, THAMMANAM MAIN ROAD, PALARIVATTOM, COCHIN-682 025, REPRESENTED BY ITS MANAGING DIRECTOR, MR.GIREESAKUMAR K. BY ADV. SRI.SREELAL N.WARRIER RESPONDENTS/RESPONDENTS:- ---------------------------------------------- 1. MARADU GRAMA PANCHAYATH, MARADU VILLAGE, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. JOINT SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, STATE OF KERALA, TRIVANDRUM. R1 BY STANDING COUNSEL SRI.B.CHANDRASENAN. R2 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.2360 of 2008 ---------------------------------------------- Dated, this the 10th day of December, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.33458/2008 dated 17.11.2008. 2. Ext.P10 order passed by the Secretary, Maradu Grama Panchayat dated 10.10.2008 was the subject matter of writ petition filed by the petitioner. The learned Single Judge, has disposed of the writ petition by directing the Secretary of the Maradu Grama Panchayat to consider Exts.P7 and P9 objections filed by the petitioner and pass appropriate orders in accordance with law. 3. Having gone through Ext.P10 (Stop Memo) and the orders passed by this Court, we are of the firm opinion that, the learned Single Judge has not committed any error, whatsoever, while disposing of the writ petition. 4. However, we only add to the directions already issued by the learned Single Judge, that, the petitioner is at liberty to file yet another objection, if he so desires, within two day's time from today. If W.A.No.2360/2008 -2- such an objection is filed within the time granted by this Court, the Secretary, Maradu Grama Panchayat will take a decision after considering Exts.P7 and P9 and also the objection that may be filed, and pass a speaking order in accordance with law. We also make it clear that, the Secretary will take an independent decision without being influenced by any one of the directions or orders issued by any superior authority. The Secretary will take such a decision as expeditiously as possible, at any rate within two weeks' time from today. The Writ Appeal is disposed of as above. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS