IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 OP.No. 30674 of 2002(B) ------------------------------------ PETITIONERS: ---------------------- 1. THE EDAMULAKKAL GRAMA PANCHAYATH, EDAMULAKKAL P.O., KOLLAM DISTRICT REPRESENTED BY ITS SECRETARY. 2. KADAYIL BABU, PRESIDENT, EDAMULAKKAL GRAMA PANCHAYATH, EDAMULAKKAL P.O., KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: ------------------------ 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT (E), THIRUVANANTHAPURAM. 2. FIELD ASSISTANT TO COIR-INSPECTOR, ADOOR, PATHANAMTHITTA DISTRICT. (PART TIME ADMINISTRATOR, EDAMULAKKAL YANTRAVALKRITHA, CHAKIRIVYAVASAYA CO-OPERATIVE SOCIETY NO.Q 1005, EDAMULAKKAL) 3. SEEMA G.R., GIRIJALAYAM, ERAM THADICADU P.O., PATHANAPURAM, KOLLAM. 4. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, BARTON HILL BUNGLOW, KUNNUKUZHY P.O., THIRUVANANTHAPURAM - 695 037. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR K.J. BY ADV. SRI.M.K.CHANDRA MOHANDAS – R2 & R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.51874/2002 IN O.P.NO.30674/2002 B CLOSED 18/07/2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PETITION DTD. 7/03/2001 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 4TH RESPONDENT. EXT.P2: COPY OF THE RESOLUTION NO.1(1) DTD. 11/03/99 PASSED BY THE GRAMA PANCHAYATH COMMITTEE. EXT.P3: COPY OF THE RESOLUTION NO.1 DTD. 7/12/2000 PASSED BY THE 1ST PETITIONER. EXT.P4: COPY OF THE ORDER NO.52667/E3/2000/LSGD ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE STATEMENT DTD. 23/11/2000 STATING BACKGROUND OF EXHIBIT P2 RESOLUTION DTD. 11/03/99 SUBMITTED BY 1ST PETITIONER BEFORE R1. EXT.P6: COPY OF THE ORDER NO.135/DP2/2001/LSGD DTD. 4/01/2001 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE STATEMENT SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DTD. 17/01/2001. EXT.P8; COPY OF THE REPLY SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT IN O.P.NO.1421/2001. EXT.P9: COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT IN O.P.NO.1421/2001. EXT.P9: COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT IN O.P.NO.1421/01. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A. TO JUDGE Kss KURIAN JOSEPH, J. --------------------------------------- O.P. No. 30674 OF 2002 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T Exhibit P9 order passed by the fourth respondent is under challenge. There is already an interim order ever since 22.10.2002. There is no counter affidavit. The issue pertains to construction of a building under the Janakiyasuthrana Project during the year 2000. Apparently, nothing survives at this distance of time. Therefore, this original petition is disposed of in terms of the interim order. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. No. 30674 OF 2002 J U D G M E N T 18.07.2008