IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9398 of 2008(R) ------------------------- PETITIONER: ------------ PETER THOMAS ATTUVELIL HOUSE RAMAMANGALAM P.O. ERNAKULAM DISTRICT PIN 686 663 BY ADV. SMT.MARY BENJEMIN RESPONDENTS: ------------- 1. THE SECRETARY RAMAMANGALAM GRAMA PANCHAYATH OFFICE OF THE RAMAMANGALAM GRAMA PANCHAYATH, RAMAMANGALAM P.O. ERNAKULAM DISTRICT PIN 686 663 2. THE PRESIDENT, RAMAMANGALAM GRAMA PANCHAYATH, OFFICE OF THE RAMAMANGALAM GRAMA PANCHAYATH RAMAMANGALAM P.O. ERNAKULAM DISTRICT PIN 686 663 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 9398 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008 JUDGMENT In the nature of the relief which is being granted, in my opinion, it is not necessary to issue notice to the Municipality. Even though Smt.Mary Benjamin, counsel for the petitioner would submit that Ext.P2 order has been issued by the Secretary of the Grama Panchayat in total dis-regard of the statutory provisions and according to the learned counsel, there is every justification for this court invoking the powers of judicial review on Ext.P2, I am not inclined to go into the merits of the matter. To Ext.P2 petitioner has submitted Ext.P3 explanations. I dispose of the writ petition directing the Secretary of the Panchayat to treat Ext.P2 as a provisional order and to consider the issue of finalising Ext.P2 in the light of Ext.P3. The Secretary of the Panchayat will hear the petitioner also and pass orders taking into account Ext.P3 and any other material which may be produced by the petitioner for substantiating the petitioner's contention that nothing WPC.No.9398/08 2 illegal has been done by him. The Secretary of the Panchayat will pass orders as directed above at the earliest and at any rate, within two months of receiving a copy of this judgment. Till such time as orders are passed and communicated to the petitioner, the Secretary of the Panchayat will not enforce Ext.P2. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.9398/08 2