IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 3413 of 2008(F) ------------------------- PETITIONER: ------------ M.D.ANTU, S/O.DEVASSY, MYPAN HOUSE, KARUKUTTY VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.KURIAN ANTONY EDASSERY SRI.BOSE K.THACHIL SMT.ANN EMIL JOSEPH SRI.MICHAEL POOVATHANY RESPONDENTS: ------------- 1. SECRETARY, KARUKUTTY GRAMA PANCHAYATH, KARUKUTTY, ALUVA TALUK, ERNAKULAM DISTRICT. 2. DISTRICT ANIMAL HUSBANDRY OFFICER, ERNAKULAM DISTRICT. BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 3413 OF 2008 ----------------------------------------------- DATED THIS THE 29TH JANUARY, 2008 J U D G M E N T In this writ petition under Article 226 of the Constitution of India, the petitioner challenges Ext.P5 order issued by the Secretary of the Grama Panchayath, inter alia on the ground that the same was not preceded by any provisional order. On receiving Ext.P5, the petitioner has submitted Ext.P6 request before the Information Officer under the Right to Information Act seeking supply of information as to how Ext.P5 order was issued to him. Apparently Ext.P5 order of the Secretary is not preceded by any show cause notice or hearing. I, therefore, dispose of the writ petition directing the petitioner and the first respondent to treat Ext.P5 as a provisional order and permit the petitioner to file objections to Ext.P5 within three weeks from today. In the meanwhile, there will be a direction to the first respondent to furnish to the petitioner the information called for by him under Ext.P6 within one week of the petitioner placing a copy of the judgment before him. Once the petitioner files reply to Ext.P5 within the time allowed by this judgment, the first respondent will hear the petitioner and the complainant or one among the complainants on the basis of whose complaint the Panchayath issued Ext.P5 and WP(C)No.3413/2008 -2- finalise the proceedings initiated under Ext.P5. Till such time as the proceedings are finalised as ordered above, the Panchayath will not enforce Ext.P5 on condition that the petitioner will not bring additional of chicken into his farm and will keep the number of chicken in the farm below its present strength. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No.3413/2008 -3-