IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 15293 of 2009(F) ------------------------------------- PETITIONER(S): ------------------------ AUGUSTIN, KOLLANSHERY HOUSE, PIZHALA, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK. BY ADVS.MR.K.R.VINOD MR.K.V.VINOD MR.K.P.WILSON (KALA PRATHIBHA) RESPONDENT(S): ------------------------- 1. KADAMAKKUDY GRAMA PANCHAYATH, REP. BY ITS SECRETARY, PIZHALA P.O., PIN 682027. 2. FRANCIS, PANDARAPARAMBIL HOUSE, PIZHALA, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK. R1 BY ADV. MR.K.M.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15293/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE DT. 11.8.08 ISSUED BY THE SIT RESPONDENT TO THE 2ND RESPONDENT. P2:- COPY OF THE SHOW CAUSE NOTICE DT. 27.12.08 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT. P3:- COPY OF THE OBJECTION DT. 2.1.09 FILED BY2ND RESPONDENT BEFORE THE IST RESPONDENT. P4:- COPY OF THE JUDGMENT DT. 23.1.09 IN WPC. NO.2122/09 OF THIS HONOURABLE COURT. P5:- COPY OF THE REPRESENTATION DT. 28.3.09 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE ORDER DT. 4.6.09 IN IA. 3636/09 IN OS. NO.602/09 ON THE FILE OF THE MUNSIFF'S COURT, ERNAKULAM. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.15293 of 2009-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2009. JUDGMENT The petitioner complains about the inaction of the first respondent in relation to the consideration of Ext.P3. The Secretary of the Panchayat has come on record stating that following Ext.P4 judgment of this Court, the parties were called for hearing, however that, the second respondent has obtained an order of injunction, Ext.R1(a). With the aforesaid, no order needs to be issued by this Court while the petitioner may be at liberty to move the civil court for relief in accordance with law by applying for vacating the order of injunction or otherwise. Hence, this writ petition is closed without prejudice. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/220609