IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 19568 of 2008(D) -------------------------- PETITIONER: --------------- JOSEPH PUNNEN @ BABU, AGED 63 YEARS, S/O.LATE JOSEPH, KANIYAMTHARA CHERUKARA BUNGLOW (VADAKKEPARAMBIL), MEPRAL MURI, PERINGARA VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.P.HARIDAS RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA. 2. PERINGARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PERINGARA P.O. 3. HEADMISTRESS, ST.JOHNS GOVT.L.P.SCHOOL, MEPRAL P.O., MEPRAL MURI, PERINGARA VILLAGE, THIRUVALLA TALUK. 4. THE TRIBUNAL FOR LOCAL SELF GOVERNMEN, TRIVANDRUM. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 19568 OF 2008 D ==================== Dated this the 11th day of July, 2008 J U D G M E N T Petitioner's complaint is that a pathway passing through a property surrendered by his forefathers which was being used as an access to his property is now attempted to be taken over by the Panchayat. 2. According to him, when steps were taken against him, he had moved the Tribunal for Local Self Government Institutions which disposed of his appeal by Ext.P6 order, setting aside the order of the Panchayat rejecting the appeal against Ext.P1. 3. While the matter was thus pending on remand, this writ petition was filed, apprehending that the Panchayat will attempt to take over the road. Learned counsel now points out that in a suit filed by him as OS No.442/07, the Munsiff's court, Thiruvalla has already passed Ext.P5 order of status quo and that the Tribunal did not take this order into account while disposing of his appeal by Ext.P6 order. 4. For that reason, counsel now submits that the petitioner has filed Ext.P9 review petition along with Ext.P10 application for condoning delay in filing the review. In view of the position as above, the petitioner WPC 19568/08 :2 : prays that the Tribunal may be directed to dispose of Exts. P9 and P10 with notice to the Panchayat and other affected parties, as expeditiously as possible. 5. In view of the facts as above, I see no reason to decline the relief that is sought for. 6. Accordingly, without expressing anything on the merits, the writ petition is disposed of directing that the Tribunal shall consider Exts. P9 and P10 on an expeditious basis and pass appropriate orders thereon. Petitioner shall produce a copy of this judgment before the Tribunal for Local Self Government Institutions for compliance. ANTONY DOMINIC, JUDGE Rp