IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 23039 of 2008(P) -------------------------- PETITIONER: -------------- NARAYANAN, S/O MADHAVAN, AGED 42 YEARS, MELEMBATTE HOUSE, ANTHIMAHAKALANKAVU, CHELAKKARA VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT: --------------- THE SECRETARY, CHELAKKARA GRAMA PANCHAYATH, CHELAKKARA, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 23039 OF 2008 P ==================== Dated this the 30th day of July, 2008 J U D G M E N T Ext.P4 is under challenge. By Ext.P4, petitioner is called upon to remove the structure mentioned therein within 3 days. On facts, it is seen that the dispute as to whether the petitioner has made any construction tresspassing into the land belonging to the Panchayat is pending consideration of the Munsiff's Court, Wadakkancherry in OS No.223/07. If that be so, I wonder why the petitioner cannot seek orders against the implementation of Ext.P4 pending adjudication of the Civil Suit. 2. Therefore, I dispose of this writ petition leaving open the contentions raised in this writ petition and reserving liberty to the petitioner to move the Munsiff's Court, Wadakkancherry for appropriate orders in this matter. Counsel complains of delay in the civil court to obtain interim orders against Ext.P4. Since the petitioner is yet to move the Civil Court, in my view, such a complaint cannot be entertained and in any case, I have no reason to think that if moved, the Court will not consider the matter with the urgency it deserves. 3. Counsel for the petitioner submits that there is a likelihood of WPC 23039/08 :2 : Ext.P4 being implemented forthwith and seeks stay for a short period so that he could move the Civil Court as directed above. Having considered this matter, I direct that the status quo as on date shall be maintained for a period of 10 days from today and in the meanwhile, it is for the petitioner to move the Civil Court and obtain appropriate orders in this matter. ANTONY DOMINIC, JUDGE Rp