IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WP(C).No. 12409 of 2005(B) -------------------------- PETITIONER: ------------ 1. R.NAGESH, S/O.RAMASWAMY MOOPPANAR, RAVI NIVAS, T.C. 39/1353(I), CHALAI MARKET ROAD, TRIVANDRUM : 36. 2. R.SREENIVASSAN, S/O.RAMASWAMY- MOOPPANAR, RAVI NIVAS, T.C.39/1353(2), CHALAI MARKET ROAD, TRIVANDRUM - 36. BY ADV. SRI.N.J.JOHNSON RESPONDENTS: ------------- 1. TRIVANDRUM DEVELOPMENT AUTHORITY, REP: BY ITS SECRETARY, TRIVANDRUM. 2. THE SPECIAL TAHSILDAR, ADDL.L.A.UNIT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY ADV. SRI.K.A.JALEEL,SC,TRIDA FOR R1(B/O) R2 & R3 BY GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISISON ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P(C). No. 12409 of 2005 ----------------------------------------------- Dated this the 15th day of September, 2008 J U D G M E N T On behalf of Mr. K.A. Jaleel, standing counsel for TRIDA it is submitted that he has not yet been served with a copy of this writ petition. There is no representation for the petitioner. However, it is noticed that on 19-8-2008 after going through the writ petition, the Govt. Pleader was directed to seek instructions and file a statement as to whether Ext.P5 has been disposed of and if so, with what result. Smt.Latha T.Thankappan, senior Govt. Pleader sought for time. But I find that Ext.P5 application which is in essence an application for reference under section 18, though several other prayers are also made therein, was submitted as early as on 1-4-2005. Accordingly I dispose of the writ petition issuing the following directions. If Ext.P5 is even now pending with the second respondent, that respondent will take up Ext.P5 immediately, construe the same as an application for reference under section 18, take a correct decision on Ext.P5 and communicate that decision to the petitioner. The above directions need not be complied with if decision is already taken on Ext.P5. (PIUS C.KURIAKOSE, JUDGE) ksv/-