IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 35922 of 2008(B) ---------------------------------------- PETITIONER(S): ------------------------ K.P.MUHAMMED SHEREEF, AGED 65 YEARS, S/O.KANEE RAWTHER, PULICKAPEDIKAYIL, PONKUNNAM, KOTTAYAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT(S): -------------------------- 1. THE CHIRAKKADAVU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PONKUNNAM P.O., KOTTAYAM. 2. THE SECRETARY, CHIRAKKADAVU GRAMA PANCHAYAT, PONKUNNAM P.O., KOTTAYAM. R1 & R2 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.35922/2008 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RECEIPT DATED 29/11/2008 FOR PAYMENT OF RENT. P2 COPY OF THE COMMUNICATION OF THE RESPONDENT DATED 10/6/1993. P3 COPY OF THE NOTICE DATED 14/7/2008. P4 COPY OF THE PHOTOGRAPH P5 COPY OF THE REPLY DATED 17/7/08 P6 COPY OF THE NOTICE DATED 1/12/2008 SERVED ON THE PETITIONER ON 2/12/2008. P7 COPY OF THE APPEAL PETITION DATED 3/12/2008. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.35922 of 2008 ---------------------------- Dated 21st June, 2011 JUDGMENT This writ petition has been filed mainly challenging Ext.P6. As per Ext.P6, the second respondent directed the petitioner to demolish the alleged illegal construction. Feeling aggrieved by Ext.P6, the petitioner has already preferred Ext.P7 appeal before the Committee of the first respondent Panchayat. According to the petitioner, it is still pending before the Committee. In the said circumstances, without making any observation as to the merits of the contentions raised by the petitioner in this writ petition and also in Ext.P7 appeal, including maintainability of an appeal before the Committee or Council of the first respondent Panchayat as against Ext.P6, this writ petition is disposed of with a direction to the second respondent to place Ext.P7 appeal before the Committee or Council of the first respondent Panchayat for consideration. This shall be done within a period of one month with notice to the petitioner. Till Ext.P7 is taken up for consideration and orders are passed thereon no coercive steps pursuant to Ext.P6 shall be taken. Sd/- C.T.RAVIKUMAR Judge TKS