IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 29156 of 2005(U) --------------------------------------- PETITIONER: ------------------- RAVI MANOHAR, VATTAPARAMBIL HOUSE, MANARCAD, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS. RESPONDENTS: ------------------------ 1. MANARCAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYAT OFFICE, MANARCAD P.O., KOTTAYAM DISTRICT. 2. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, THE DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. *ADDL.R3.COL.R.N. PADMASENAN, S/O. RAMAN NAIR, AGED 50, VETTIPARAMBIL, MANARCAD, KOTTAYAM DISTRICT. *IS IMPLEADED AS PER ORDER DATED 22/10/2008 IN I.A. NO. 119/06. R2 BY GOVT. PLEADER SRI. MOHAMMED ANZAR, R1 BY ADV. SRI.MATHEW JOHN (K), ADV. SRI.SUJESH MENON V.B. ADDL.R3. BY ADV. SRI. M. NARENDRA KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29156/2005-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT DTD. 1120 M.E. EXT.P.2: COPY OF THE PLAINT IN O.S. NO. 468/2003. EXT.P.3: COPY OF THE RESOLUTION PASSED BY THE GRAMA PANCHAYATH ON 23/07/2001. EXT.P.3.A: COPY OF THE RESOLUTION PASSED BY THE GRAMA PANCHAYATH ON 14/08/2001. EXT.P.4: COPY OF THE GOVERNMENT ORDER GIVING CONSENT TO THE PANCHAYATH. EXT.P.5: COPY OF THE REPRESENTATION FILED BEFORE THE DISTRICT COLLECTOR. EXT.P.6: COPY OF THE REPORT SUBMITTED TO THE GOVERNMENT ON THE BASIS OF THE COMPLAINT. EXT.P.7: COPY OF THE INTIMATION RECEIVED BY THE PETITIONER. EXT.P.8: COPY OF THE JUDGMENT IN O.P. NO. 20324/2001. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE JUDGMENT DTD. 22/07/2006 IN W.P.(C).NO.19109/2005. EXT.R1.B: COPY OF THE PROPERTY TAX REGISTER MAINTAINED BY THE PANCHAYATH. EXT.R4.A: COPY OF THE WILL DTD. 09/05/2002. EXT.R4.B: COPY OF THE WRITTEN STATEMENT DTD. 05/01/2004 IN O.S. 468/2003 IN THE COURT OF SUBORDINATE JUDGE, KOTTAYAM. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.29156 OF 2005 --------------------------------------- Dated this the 22nd day of October, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) Issue a writ of Certiorari or any other writ or direction calling the records leading to Ext.P3 and P3(a) resolutions and Ext.P4 order and quash the same. ii) Direct the Panchayath not to start market without considering the objection raised by the petitioner and the public. As far as the resolutions are concerned, it is for the petitioner, if aggrieved, to move the Government for rescinding those resolutions. It is seen that the petitioner has submitted Exhibit P5 before the Government. Therefore, it is only appropriate that the Government takes a decision on Exhibit P5, with notice to all the parties. 2. Accordingly, this writ petition is disposed of directing the second respondent to consider Exhibit P5, with notice to the petitioner, first respondent and any other affected party including the additional third respondent and pass appropriate orders thereon, expeditiously. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No.29156 OF 2005 J U D G M E N T 22.10.2008