IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 23237 of 2008(N) --------------------------------------- PETITIONER: ------------------- ELSAMMA THOMAS, W/O. THOMAS, AGED 55, ILLICKAL HOUSE,THIRUVAMBADY P.O., KOZHIKODE DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN, ADV. SRI.K.M.JAMALUDHEEN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DPARTMENT OF LOCAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. THE SECRETARY, THIRUVAMBADY GRAMA PANCHAYATH, THIRUVAMBADY P.O., KOZHIKODE. 3. T.M.JOSEPH, S/O. MANI, RETIRED HEADMASTER, MANNUR HOUSE, THIRUVAMBADY P.O., KOZHIKODE DISTRICT. GOVT. PLEADER SRI. K.V. MANOJ KUMAR FOR R1, ADV. SRI.P.V.KUNHIKRISHNAN FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23237/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ROUGH SKETCH SHOWING THE LIE & LOCATION OF THE PROPERTIES. EXT.P.2: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P. 6074/2004 DT. 25/03/2004. EXT.P.3: COPY OF THE DECISION OF R.2. DTD. 26/05/2004. EXT.P.4: COPY OF THE LETTER ISSUED BY R.2. DTD. 20/07/2004 TO THE PETITIONER. EXT.P.5: COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE R.1. EXT.P.5.A: COPY OF THE STAY PETITION FILED BY THE PETITIONER ALONG WITH EXT.P.5 BEFORE THE R.1. EXT.P.6: COPY OF THE ORDER OF THE R.1. DTD/ 10/07/2008 SERVED ON 25/07/2008 TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 23237 of 2008 -------------------------------------------------------- Dated: AUGUST 29, 2008 JUDGMENT The challenge in this writ petition is against Ext.P6. With this order passed by the 1st respondent, the stay of resolution No.153 passed by the 2nd respondent Panchayat ordered on Ext.P5 revision filed by the petitioner was vacated. According to the petitioner stay was vacated without hearing her and it was on that ground this writ petition was entertained. 2. Today the learned counsel appearing for the Panchayat has produced before me the proceedings of the Panchayat meeting held on 22.8.2008 wherein the Panchayat has resolved to cancel resolution No.153 of 2004, which is mentioned in Ext.P6. 3. In view of the resolution of the Panchayat dated 22.8.2008, Ext.P5 revision and the challenge in this writ petition has been rendered infructuous. WP(C) 23237/08 2 This writ petition is therefore closed leaving it open to the petitioner to pursue the matter if she has any surviving grievance. ANTONY DOMINIC, JUDGE mt/-