IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 34016 of 2007(Y) --------------------------------------- PETITIONER: -------------------- SANDHYA DEVELOPMENT SOCIETY, NO.486/2001, REPRESENTED BY ITS SECRETARY, K.C.THANKACHAN, KUNNUMPURATH HOUSE, KODUMPIDI P.O., KADANAD VILLAGE, MEENACHIL TALUK. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: ----------------------- 1. THE KADANAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KADANAD P.O., PALA. 2. THE SECRETARY, KADANAD GRAMA PANCHAYATH, KADANAD P.O., PALA. 3. THE TAHSILDAR, MEENACHIL. R1 & R2 BY ADV. SRI.SUNIL CYRIAC,SC,KADANAD GRAMA PANCHAYATH 3 BY SRI.K.J.MUHAMMED ANZA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2008, ALONG WITH WPC. 32962/2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34016/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE REGISTRATION CERTIFICATE DT. 8.8.2001. EXT.P2:- COPY OF THE SALE DEED NO.370 OF 2006 OF RAMAPURAM SRO. DT. 6.3.2006. EXT.P3:- COPY OF THE RESOLUTION DT. 26.10.2006 BY THE IST RESPONDENT. EXT.P4:- COPY OF THE NOTICE ISSUED BY THE TALUK SURVEYO TO THE PETITIONER DT. 22.12.2006. EXT.P5:- COPY OF THE NOTICE ISSUED BY THE TALUK SURVEYOR DT. 30.12.2006. EXT.P6:- COPY OF THE PLAINT FILED BY THE PETITIONER DT. 4.1.2007. EXT.P7:- COPY OF THE COMMISSIONER'S REPORT DT. 8.1.2007 ALONG WITH THE SKETCH. EXT.P8:- COPY OF THE NOTICE ISSUED BY THE PETITIONER TO THE IST RESPONDENT. EXT.P9:- COPY OF THE ORDER DT. 9.1.2007 IN WPC. NO.1009/07. EXT.P10:- COPY OF THE NOTICE ALONG WITH THE SKETCH DT. 5.11.2007 BY THE IST RESPONDENT. /TRUE COPY/ P.S.TO JUDGE tss PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)Nos. 32962 & 34016 OF 2007 ----------------------------------------------- DATED THIS THE 9TH JANUARY, 2008 J U D G M E N T The grievance of the petitioners is that they are going to be dispossessed of the properties owned by them by the Panchayath . Ext.P10 produced in W.P.C.34016/2007 is only a show cause notice. Obviously a similar show cause notice has been issued to the petitioner in W.P.(C)No.32962/2007. Both the show cause notices have been issued on the basis of Ext.P6 direction issued by the Tahsildar in W.P. (C)No.32962/2007. Since what has been issued to both the petitioners is only show cause notice, it is open to the petitioners to file objections raising whatever contentions are available to them before the Panchayath. If objections/explanations are not already filed, the petitioners will file objections/explanations within three weeks from today. On receiving such objections, the Secretary of the Panchayath will hear the petitioners after conducting such enquiry as is warranted and take a decision on the question of finalising the action which is proposed as per the show cause notice. Needful shall be done by the petitioners and the Secretary of the Panchayath at the earliest and at any rate within three months of receiving a copy of this judgment. Till such time as final orders are passed on the issue, the WP(C)No.32962 & 34016/2007 -2- Panchayath will permit both the petitioners to maintain status quo as obtaining now regarding the respective properties in question. The writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No.32962 & 34016/2007 -3-