IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 9888 of 2010(I) ------------------------------------- PETITIONER(S): ---------------------- FATHIMATH SUHRA, W/O.SIDHIQUE, AGED 31 YEARS, MOYOTTIL HOUSE, KALPAKANCHERY P.O., KODUNGATHURUMBU, NEAR AMINA I.T.C., THIRUR-676551. BY ADV. SRI.NISHIL.P.S. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. SUPERINTENDENT, VIGILANCE AND ANTI-CORRUPTION BUREAU, KOZHIKODE. 4. THE SECRETARY, KALAPAKANCHERY GRAMA PANCHAYATH, MALAPPURAM DISTRICT. 5. IBRAHIM HAJI, S/O.KUNJAHAMMED KUTTY HAJI, MAYYERI HOUSE, KADUNGATHUKUNDU, VALAVANNUR P.O. R1 TO R3 BY SENIOR GOVT PLEADER SRI.P.K.ARAVINDAKUMAR BABU R4 BY ADV. SRI.T.K.SAIDALIKUTTY SRI.A.A.ZIYAD RAHMAN R5 BY SRI.K.K.MOHAMED RAVUF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.9888/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DOCUMENT BEARING NO.242/01. P2 COPY OF THE TAX RECEIPTS DATED 12/10/09. P3 COPY OF THE COMPLAINT FILED BY PETITIONER DATED 11/12/09. P4 COPY OF THE COMMUNICATION ISSUED BY THE VIGILANCE DEPARTMENT. P5 COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 03/02/2010. P6 COPY OF THE ISSUED UNDER THE RIGHT TO INFORMATION ACT BY THE 4TH RESPONDENT DATED THIS THE 19 THE DAY OF MARCH 2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.9888 of 2010 -------------------------- Dated this the 24th February, 2011 J U D G M E N T The prayer in the writ petition is to direct the respondents 1 to 3 to take emergent action on Ext.P3 complaint, which refers to certain serious lapses as alleged by the petitioner upon the authorities of the Panchayat. 2. During the course of hearing, it is brought to the notice of this Court that the Panchayat had earlier passed an order for demolition of the construction effected by the 5th respondent, which however, was taken up in appeal before the Tribunal for Local Self Government Institutions, Thiruvananthapuram, whereupon, the said order was set aside and the matter was remanded which is stated as pending before the 4th respondent. In view of the changed circumstances, matter requires to be considered afresh by the Panchayat for which appropriate directions have already been issued in W.P (C) No.2059 of 2010. 3. In the above circumstances, this Court does not find it necessary to entertain the reliefs sought for in this W.P (C) No. 9888 of of 2011 2 writ petition for the time being and the contentions raised by the petitioner are left open. The writ petition is closed accordingly. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge