IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WA.No. 1125 of 2010 --------------------- AGAINST THE ORDER IN I.A. No.6123/2010 IN WPC.12665/2009 Dated 20/05/2010 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. PERINCHERIKKARA ALAVI,S/O.MOHAMMED, KUTTIYIL HOUSE,THENHIPALAM AMSOM,DESOM, P.O.CHENAKKALANGADI,MALAPPURAM DISTRICT. 2. K.KUNHALAN,S/O.HASSANKUTTY HAJI, KALLIYIL HOUSE,THENHIPALAM AMSOM,DESOM, P.O.CHENAKKALANGADI,MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE STATE OF KERALA,REP.BY SECRETARY, LOCAL SELF GOVERNMENT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,MALAPPURAM. 3. THE TAHSILDAR,THIRURANGADI. 4. THE SECRETARY,THENHIPALAM GRAMA PANCHAYATH,THENHIPALAM,MALAPPURAM DISTRICT. 5. KANDAMKULANGARA JUMA MASJID COMMITTEE, REP.BY ITS SECRETARY,P.O.CHENAKKALANGADI, MALAPPURAM DISTRICT. 6. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,PERINTHALMANNA ROAD,MALAPPURAM. WA.No. 1125 of 2010 7. THE DISTRICT MEDICAL OFFICER(HEALTH), MANJERI. R1 TO R3 & R7 BY SENIOR GOVT. PLEADER, SRI. BENNY GERVASIS. R4 BY ADV. SRI.R.SUDHISH R5 BY ADV. SRI.R.D.SHENOY (SENIOR ADVOCATE) SRI.E.NARAYANAN R6 BY SRI.A.SUDHI VASUDEVAN,SC,PCB THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R. Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1125 OF 2010 and I.A. No. 679 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of September, 2010 JUDGMENT J.Chelameswar, C.J. The instant appeal is filed aggrieved by an order dated 20.05.2010 in I.A. No.6123 of 2010 in W.P.(C) No.12665 of 2009. All the learned counsel appearing in the appeal agree that the writ petition itself be heard at an early date to give a quietus to the dispute. In the circumstances, the appeal is disposed of directing the Registry to post the abovementioned Writ Petition on 15.09.2010 before appropriate Bench. The report dated 19.07.2010 along with the objections to the said report also be placed on record of the Writ Petition. The interim order granted earlier on 08.07.2010 during the pendency of the writ appeal shall continue during the pendency of the writ petition. I.A. No. 679 of 2010: The application is filed with the prayer as follows: “For the reasons stated in the accompanying affidavit, it is WA No. 1125 of 2010 -:2:- most humbly prayed that this Honourable Court may be pleased to direct the 6th respondent Panchayat Secretary to file an affidavit within a specified time in the above case regarding (i) the date on which the building numbers were given to the houses (shown by the Commissioner in her report dated 19.07.10) of Perincheerikkara Aboobakker and Perincheerikkara Kutty Hassan, (ii) whether the additional constructions reported by the Commissioner form part of the approved plans? (iii) if they are unauthorised, what is the action taken by the Panchayat against them?” Heard learned counsel for the applicant. Having regard to the nature of the controversy, we deem it appropriate to direct the 6th respondent to file an affidavit furnishing the information as sought in the prayer of the present application. The application is accordingly disposed of. J.Chelameswar, Chief Justice. P.R. Ramachandra Menon, Judge. ttb WA No. 1125 of 2010 -:3:-