IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 17148 of 2007(N) --------------------------------------- PETITIONERS: --------------------- 1. SARASWATHY GOPI, W/O.GOPI, VELLAPPALLIL, PUTHIYAKAVU, MAVELIKKARA. 2. JOHN SAMUEL, VARPURAYIL, PUTHIYAKAVU, MAVELIKKARA. BY ADV. SRI.R.REJI. RESPONDENTS: ------------------------ 1. THE MAVELIKKARA MUNICIPALITY, REP.BY ITS SECRETARY, MAVELIKKARA, ALAPPUZHA DISTRICT. 2. THE SECRETARY, MAVELIKKARA MUNICIPALITY, MAVELIKKARA. 3. MAVELIKKARA BROTHREN ASSEMBLY, THAZHAKKARA P.O., MAVELIKKARA, REPRESENTED BY P.D. PAPPY, ELDER OF MAVELIKKARA, BROTHREN ASSEMBLY, RESIDING AT EBEN EZER HOUSE, NEAR RAILWAY STATION, MAVELIKKARA. BY ADV. SRI.R.RENJITH, ADV. SRI.N.ASHOK KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17148/2007-N: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE JUDGMENT IN W.P.(C). NO. 8202/04 DTD. 14/07/2004. EXT.P.2: COPY OF THE JUDGMENT IN W.P.(C). NO. 8018/2006 DTD. 11/07/2006. EXT.P.3: COPY OF THE NOTICE DTD. 19/01/2007. EXT.P.4: COPY OF THE JUDGMENT IN R.P. NO. 19/2007 DTD. 30/03/2007. EXT.P.5: COPY OF THE PETITION DTD. 02/05/2007. EXT.P.6: COPIES OF THE PHOTOGRAPHS SHOWING THE VARIOUS DIMENSIONS OF THE ALLEGED BURIAL GROUND. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 17148 OF 2007 ----------------------------------------------- DATED THIS THE 1ST JANUARY 2008 J U D G M E N T Even though the learned counsel for the petitioner addressed me at length assailing Ext.P4 order of the Tribunal for local self Government Institutions, I am not convinced that there is any warrant for invoking the extra ordinary power of this Court under Article 226 of the Constitution of India to interfere with Ext.P4. Ext.P4 order of the Tribunal is a reasoned order and the Tribunal has given excellent reasons for justifying its decision. After all the order is only one of remand and the interest of all parties have been taken care of. Ext.P4 will stand confirmed . The hearing as directed in last paragraph of Ext.P4 order, which is confirmed by this Court will be conducted strictly in accordance with the directions of the Tribunal. Since the time limit fixed by the Tribunal is already over, it will be ensured that the hearing will be conducted and final orders will be passed within three weeks of receiving a copy of this judgment. This writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)N0. -2- WP(C)N0. -3-