IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26667 of 2009(C) ----------------------------------------- PETITIONER(S): ------------------------ 1. DEVU, W/O.VELAYUDHAN, AGED 70 YEARS, MANIYANKADU VEEDU, KADAMKODU, KARINKARAPULLY, PALAKKAD DISTRICT. 2. DEVADAS @ PAZHANIMALA, W/O.VELAYUDHAN, AGED 53 YEARS, MANIYANKADU VEEDU, KARINKARAPULLY, PALAKKAD DISTRICT. BY ADVS. MR.BINOY VASUDEVAN, SMT.P.G.BABITHA. RESPONDENT(S): --------------------------- 1. KODUMBU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KODUMBU PO, PALAKKAD - 678 551. 2. SECRETARY, KODUMBU GRAMA PANCHAYATH, KODUMBU PO, PALAKKAD . 3. VASANTHA, D/O.LATE KAMBAI, AGED 35 YEARS, RESIDING AT MANIYANKADU VEEDU, KADAMKODU, KARINKARAPULLY, PALAKKAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26667 of 2009-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of September, 2009. JUDGMENT Notice to the respondents is dispensed with preserving their right to seek re-hearing of this writ petition, if aggrieved. The petitioners and the third respondent have a litigation between them. The third respondent succeeded before the court of first instance. She has obtained an order of mandatory injunction requiring the petitioners to vacate the building in question. Purportedly, acting on that judgment, the Grama Panchayat has changed the name of the owner of the building in the assessment register. The petitioners state that they filed a first appeal and have obtained an order of stay of execution of the decree of the trial Court. That by itself need not necessarily WPC26667/09 -: 2 :- require the Grama Panchayat to correct the entry it has now made in the assessment register. That will depend upon the final outcome of the first appeal pending before the appellate court. All that the petitioners can aspire is to ensure that they are not evicted from the building since they have an order of stay from the appellate court. It is ordered that if the appellate court ultimately concludes the matter in favour of the petitioners, the Grama Panchayat will rectify its register accordingly. Until final disposal of the appeal by the appellate court, the rectification now made will be treated as provisional. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/031009