IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 21644 of 2009(A) -------------------------------------- PETITIONER: ------------------- K.I.DANIEL S/O. ISTHANI, AGED 60 YEARS, BOAT JETTY PUTHUVELIL, MATHILIL CHERRY, THRIKKADAVOOR, KOLLAM. BY ADVS. MR.P.B.SURESH KUMAR, MR.K.P.SUJESH KUMAR, MR.K.N.SASIDHARAN NAIR, SMT.SANDHYA RADHAKRISHNAN, SMT.M.SRUTHY. RESPONDENTS: ------------------------ 1. THRIKKADAVOOR GRAMA PANCHAYAT, REP. BY ITS SECRETARY, THRIKKADAVOOR GRAMA PANCHAYAT, THRIKKADAVOOR, KOLLAM. 2. THE SECRETARY THRIKKADAVOOR GRAMA PANCHAYAT, THRIKKADAVOOR, KOLLAM. 3. PATRICK MARTIN, RAJEENA HOUSE, PUTHUVALPURAYIDOM,KOTTAYTHUKADAVU, MATHILIL.P.O. KOLLAM. R1 & R2 BY ADV. MR.N.UNNIKRISHNAN, R3 BY ADVS. MR.PRATHEESH.P, MR.A.MUHAMMED RAFFI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 21644 of 2009 -A ------------------------------ Dated this the 21st day of October, 2009. J U D G M E N T This writ petition is filed seeking implementation of Ext.P3 notice issued by the first respondent Panchayat to the third respondent. By Ext.P3 the third respondent was directed to stop construction and to dismantle the construction already effected by him. It is brought to my notice that Ext.P3 order was set aside by the Tribunal for Local Self Government Institutions, by order passed in Appeal No.746 of 2009 filed by the third respondent and that the Tribunal has remitted the matter back to the first respondent for de novo consideration. In such circumstances, the reliefs prayed in this writ petition cannot be granted. I accordingly dispose of this writ petition with a direction to respondents 1 and 2 to issue notice to and hear the petitioner also while complying with the directions issued by Tribunal for Local Self Government Institutions in Appeal No.746 of 2009. The contentions of the petitioner and the third respondent on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge