IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 22914 of 2010(L) -------------------------- PETITIONER(S): --------------- 1. SACHU GEORGE, S/O.GEORGE JOSEPH, CHRIST NAGAR COLONY, VADAVATHOOR PO, KOTTAYAM. 2. GIJO V.THOMAS, S/O.V.C.THOMAS, VALIAPARAMBIL, MATTAMBALAM PO,KOTTAYAM. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.C.N.SREEKUMAR RESPONDENT(S): --------------- 1. VIJAYAPURAM GRAMA PANCHAYAT, VADAVATHOOR PO, KOTTAYAM-686 010. REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL GRADE SECRETARY, VIJAYAPURAM GRAMA PANCHAYAT, VADAVATHOOR PO, KOTTAYAM-686 010. 3. WILLIAMS ZACHARIAS, S/O.ZACHARIAS, KALARIKKAL HOUSE, VADAVATHOOR PO, KOTTAYAM-686 010. 4. MRS.CHIPPY WILLIAMS, W/O.WILLIAMS SCHARIAS, VADAVATHOOR PO, KOTTAYAM-686 010. KOTTAYAM-686 010. BY ADV. SRI.MATHEW JOHN (K) FOR R1 & 2 BY ADV. SRI.SARVOTHAMAN FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.22914 of 2010 EXT.P1 TRUE COPY OF THE COMPLAINT DATED 29.1.2010 FILED BEFORE RESPONDENTS 1 AND 2 BY THE NEIGHBOURS INCLUDING THE PETITIONERS EXT.P2 TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BEFORE THE DISTRICT COLLECTOR. EXT.P3 TRUE COPY OF THE REPORT DATED 29.5.2010 OF THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, PARAMPUZHA. EXT.P4 TRUE COPY OF THE REPORT OF THE DISTRICT MEDICAL OFFICER, KOTTAYAM SENT TO THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE LETTER DATED 14.6.2010 ISSUED BY THE SECOND RESPONDENT TO THE FIRST PETITIONER. EXT.P6 TRUE COPY OF THE LETTER DATED 29.9.2010 ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXTS: EXT.R2(a) A TRUE COPY OF THE LETTER DATED 17.5.2010 EXT.R2(b) A TRUE COPY OF THE NOTICE DATED 19.5.2010. EXT.R2(c) A TRUE COPY OF THE REPLY DATED 31.5.2010 EXT.R2(d) A TRUE COPY OF THE LETTER DATED 29.5.2010 EXT.R2(e) A TRUE COPY OF THE LETTER DATED 29.5.2010. EXT.R2(f) A TRUE COPY OF THE LETTER DATED 16.6.2010. EXT.R2(g) A TRUE COPY OF THE COMMUNICATION DATED 17.7.2010. EXT.R3(a) TRUE COPY OF RECEIPT OF COMPLAINT NO.672/2008 DATED 12.8.2007 EXT.R3(b) TRUE COPY OF RECEIPT OF THE COMPLAINT NO.338/2008 DATED 19.5.2008 EXT.R3(c) TRUE COPY OF COMPLAINT DATED 7.1.2008. EXT.R3(d) TRUE COPY OF COMPLAINT NO.201/10 BEFORE THE SUPDT. OF POLICE, KOTTAYAM. EXT.R3(e) TRUE COPY OF I.A.NO.414/2006 IN O.S.NO.328/2006 EXT.R3(f) TRUE COPY OF REGD. NOTICE NO.A4-745/2010 DATED 17.5.2010 OF THE SECOND RESPONDENT. EXT.R3(g) TRUE COPY OF PLAINT IN O.S.NO.259/2010 FILED BEFORE THE MUNSIFF'S COURT, KOTTAYAM, DATED 24.5.2010. EXT.R3(h) TRUE COPY OF COMMISSION REPORT DATED 21.6.2010 EXT.R3(i) TRUE COPY OF REGD. NOTICE DATED 29.6.2010 BY THE 4TH RESPONDENT. EXT.R3(j) TRUE COPY OF AFFIDAVIT OF ROY THOMAS SOLEMNLY AFFIRM BEFORE THE NOTARY PUBLIC ON 3.8.2010 ON STAMP PAPER. W.P.(C) No.22914 of 2010 : 2 : EXT.R3(k) TRUE COPY OF AFFIDAVIT OF MARY REJU SOLEMNLY AFFIRMED BEFORE NOTARY PUBLIC IN STAMPER PAPER ON 3.8.2010. EXT.R3(l) TRUE COPY OF APPEAL DATED 17.8.2010 PREFERRED BEFORE THE PANCHAYAT COMMITTEE. EXT.R3(m) TRUE COPY OF REVISION No.124 of 2010 BEFORE THE HON'BLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM FILED ON 8.10.2010. EXT.R3(n) TRUE COPY OF PETITION FOR STAY I.A.NO.1223 OF 2010 WITH AFFIDAVIT ALONG WITH EXT.R3(m) REVISION. EXT.R3(o) TRUE COPY OF ORDER DT. 8.10.2010 IN I.A.No.1223 of 2010 IN REVN. PETITION NO.124 OF 2010 //TRUE COPY// P.A. TO JUDGE. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.22914 of 2010 ------------------------------- Dated this the 12th day of October, 2010 J U D G M E N T This writ petition is filed seeking a direction to the second respondent, Secretary of Vijayapuram Grama Panchayat to close down a piggery run by respondents 3 and 4 in implementation of Ext.R2(a) order passed by the Secretary of Vijayapuram Grama Panchayat. 2. Respondents 3 and 4 have filed Ext.R3(l) appeal before the committee of the Panchayat challenging Ext.R2(a) and this Court has by order dated 31.8.2010 directed the first respondent to consider the appeal filed by respondents 3 and 4 against Ext.R2(a) and pass orders thereon, after affording the petitioner and respondents 3 and 4, a reasonable opportunity of being heard. Pursuant to the said order, the committee of the Panchayat heard the parties and passed an order dated 29.9.2010 rejecting Ext.R3(l) appeal. The learned counsel for respondents 3 and 4 however submitted that aggrieved by the order passed by the committee of the Panchayat on 29.9.2010, respondents 3 and 4 have filed Revision Petition No.124 of 2010 before the Tribunal for Local Self Government Institutions and that by Ext.R3(o) order passed on that revision petition, the Tribunal has W.P.(C) No.22914 of 2010 2 stayed the operation of the order passed by the committee of the Panchayat. In such circumstances, it would be pre-mature for this Court to go into the merits of the rival contentions at this stage. I accordingly dispose of the writ petition with a direction to the Tribunal for Local Self Government Institutions to pass final orders on Revision Petition No.124 of 2010, after affording the parties to the said revision petition a reasonable opportunity of being heard. It will be open to the petitioners to file an application before the Tribunal seeking their impleadment as additional respondents in the revision petition. In the event of the petitioners filing such an application, the Tribunal shall allow the same and hear them also before passing final orders on the revision petition. Final orders on the revision petition shall be passed within three months from the date on which the petitioners produce a certified copy of this judgment before the Tribunal for Local Self Government Institutions. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, Judge. nj.