IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 17385 of 2010(W) -------------------------- PETITIONER(S): --------------- 1. P.RAVEENDRAN, AGED 63 YEARS, S/O.G.PACHAN, GIRIJA NIVAS, TOWN WARD KAZHAKOOTTAM, TRIVANDRUM. 2. D.SREENIVASAN, SREENILAYAM TOWN WARD, KAZHAKOOTTAM, TRIVANDRUM. BY ADV. SRI.A.AHZAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. KAZHAKOOTTAM GRAMA PANCHAYATH, REPRESENTD BY ITS SECRETARY, OFFICE OF THE KAZHAKOOTTAM GRAMA PANCHAYATH (SPECIAL GRADE) KAZHAKKOOTTAM, TRIVANDRUM. GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17385/2010-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of June, 2010 J U D G M E N T The first petitioner is a tenant of the shop room bearing No.18/1159(1) of the second respondent-Kazhakoottam Grama Panchayat The said shop room was taken on rent from the second respondent and he is conducting business for the last 30 years. A notice was issued by the Panchayat informing him that the Panchayat Committee has taken a decision to evict the tenants and further directing the petitioner to vacate the premises. Ext.P2 is the copy of the notice issued to the first petitioner and Ext.P3 is a later notice issued by the second respondent in this regard . 2. Similarly, the second petitioner is a tenant of shop room No.18/1157(3) of the second respondent. Ext.P5 is the copy of the notice issued to him in the matter and Ext.P6 is a further notice issued by the second respondent in this regard. 3. It appears that the petitioners challenged the same before the Tribunal for the Local Self Government Institutions and, the Tribunal, by Ext.P7, returned the appeal stating that the appeal is not maintainable before the Tribunal and the appeal will have to be filed before W.P.(C). No.17385/2010 -:2:- the Government under Section 191 of the Kerala Panchayat Raj Act since the petitioners are challenging the resolution of the Panchayat itself. The petitioners along with certain other tenants have filed Ext.P8 appeal. A stay petition [Ext.P8(a)] is appended to Ext.P8 appeal. It is pointed out that the appeal has been numbered as 3257/DB2 2010 dated 20/05/2010. 4. The prayer in the writ petition is for a direction to the first respondent to dispose of Ext.P8 appeal at the earliest and to keep in abeyance Exts.P3 and P6 pending disposal of the appeal. 5. In the light of the above, the writ petition is disposed of directing the Government to take a decision on Ext.P8 appeal after hearing the petitioners and other appellants and the Panchayat within a period of four months from the date of receipt of a copy of this Judgment. The prayer to grant an interim order on the stay petition filed along with Ext.P8 appeal will be considered by the Government in accordance with law within a period of one month from the date of receipt of a copy of this Judgment. Till orders are passed on the application for interim prayer, all further action for eviction pursuant to Exts.P3 and P6 and similar notices will be kept in abeyance. W.P.(C). No.17385/2010 -:3:- 6. The petitioner will produce a copy of the writ petition along with a copy of this Judgment before the Government for compliance. No costs. (T.R. Ramachandran Nair, Judge.) ms