IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 31668 of 2010(G) -------------------------------------- PETITIONER: ------------------- SELIN ALEX, W/O.LATE ALEX, CHARUVILA VEEDU, KOTTAPPURAM, KOTTARAKKARA, KOLLAM. BY ADVS. SRI.B.MOHANLAL, SRI.SAIJU S. RESPONDENTS: ------------------------ 1. THE KOTTARAKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PULAMON P.O., KOTTARAKKARA, KOLLAM DISTRICT, PIN – 691 531. 2. SRI.KURAKARAN KUNJANDI ALEXANDER, GIGI BHAVAN, KIZHAKKETHERUVU, IPPALLOOR MURI, KOTTARAKKARA.P.O, KOLLAM, PIN – 691 506. R1 BY SRI.T.M.ABDUL LATHEEF,S.C, R2 BY ADV. SRI.ALEXANDER GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2011,ALONG WITH W.P.(C). NO. 35479 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31668/2010-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE OWNERSHIP CERTIFICATE NO:E2-2/09 DTD. 03/08/2009 ISSUED BY THE R.1. EXT.P.2: COPY OF THE BUILDING TAX REMITTED BY THE PETITIONER IN RESPECT OF THE BUILDING FOR THE YEAR 2008-2009. EXT.P.3: COPY OF THE JUDGMENT AND DECREE DTD. 11/12/2003 IN O.S. NO:625/1998 OF THE MUNSIFF COURT, KOTTARAKARA. EXT.P.4: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE R.1. ON 14/07/2009. EXT.P.5: COPY OF THE SHOW CAUSE NOTICE NO: E-4-566/2009 DTD. 28/07/2009 ISSUED BY THE R.1. TO THE R.2. EXT.P.6: COPY OF THE COMMUNICATION NO:E4-566/2009 DTD. 03/10/2009 ISSUED BY THE R.1. TO THE PETITIONER UNDER RIGHT TO INFORMATION ACT. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 05/12/2009. RESPONDENTS' EXHIBIT: EXT.R2.A: COPY OF THE INTERIM ORDER PASSED IN W.P. NO. 35479/10. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). Nos.31668 & 35479 OF 2010 -------------------------------------------- Dated this the 13th day of July, 2011 JUDGMENT The issues involved in these Writ Petitions are intrinsically intertwined. When these matters are taken up for consideration, the learned counsel on both sides submitted that these Writ Petitions could be disposed of by directing the council of the first respondent panchayat to consider and pass orders on the appeal preferred by the petitioner in W.P. (C).No.35479/2010 against Ext.P6. The copy of the appeal stated to have been filed before the council is not produced in the Writ Petition. However, considering the aforesaid submission, I am inclined to dispose of these Writ Petitions as hereunder:- In case the appeal preferred by the petitioner in the latter Writ Petition against Ext.P6 is received and pending before the council of the first respondent panchayat, the council shall consider the appeal and pass appropriate orders thereon expeditiously, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner and also the W.P.(C) 31668 & 35479 of 2010 2 second respondent in W.P.(C).No.35479/2010 viz., the petitioner in W.P. (C).No. 31668/2010. It is made clear that this Court has not made any observation with respect to the merits of the contentions raised in these Writ Petitions and it will be open to the council of the first respondent panchayat to look into the very maintainability of the appeal as well. Till such a decision is taken, status quo shall be maintained. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) 31668 & 35479 of 2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) 31668 & 35479 of 2010 4