IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 33045 of 2010(E) --------------------------------------- PETITIONERS: --------------------- 1. SOOPPY BIN ABDULLAH, S/O.ABDULLAH, BAITH-UL-ABU MUNEEB THALAL, THRIPPANGOTTU AMSOM, KADAVATHUR DESOM, THALASSERY-KANNUR. 2. VENGODAN KUNJI MOOSA, S/O.THUPPAR, CHEELIL, THRIPPANGOTTU AMSOM, KADAVATHUR DESOM, THALASSERY-KANNUR. 3. EDAVALATH ABDUL LATIF, S/O.MOOSA HAJI, KOLAKKAD AMSOM DESOM, KOILANDY-KOZHIKODE. 4. KARIYAMPARATH BASHEER, S/O.AHMED, KAYAKODI AMSOM, THALIYIL DESOM, VADAKARA-KOZHIKODE. 5. PALAPOYIL KUNJAMED, S/O.KUNHAVULLA, NADAKUTHAZHE AMSOM DESOM, VADAKARA-KOZHIKODE. (PETITIONERS REPRESENTED THROUGH THEIR POWER OF ATTORNEY HOLDER, KARIPPALLYKUNIYIL. KUNHABDULLA, S/O.IBRAHIM HAJI, MEMUNDA AMSOM -DESOM, VADAKARA- KOZHIKODE. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI.K.B.SIVARAMAKRISHNAN, SRI.PRASANTH M.P. RESPONDENTS: ------------------------ 1. THE FEROK GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, FEROK P.O., KOZHIKODE-673 631. W.P.(C). NO.33045/2010-E: 2. THE SECRETARY, FEROK GRAMA PANCHAYAT, FEROK P.O., KOZHIKODE-673 631. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. *ADDITIONAL R4 IMPLEADED: 4. ARAKKUTHU PARAMBA SREE BADRAKALI KSHETHRA SAMRAKSHANA SAMITHI, S.NO.472/92 CHERIYA MADAM, ARAKKUTHU PARAMBU, P.O. FEROKE, KOZHIKODE – 673 631, REPRESENTED BY ITS SECRETARY, SIVADAS CHEMMANATTIL. *ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 04/11/2010 IN I.A. NO.15330/2010. R1 & R2 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR, SRI.T.K.SHIBU, ADDL. R4 BY ADVS. SRI.P.K.SURESH KUMAR, SMT.M.SINDHU THANKAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 33045 of 2010 E ``````````````````````````````````````````````````````` Dated this the 4th day of November, 2010 J U D G M E N T Petitioners have constructed a shopping complex, where they have opened a vegetable and fish market. It is stated that the first respondent has issued Ext.P4 notice on the complaint of the additional fourth respondent. Complaining that pursuant to Ext.P4, they were forced to close down the market, the writ petition has been filed. 2. This Court, by order dated 29-10-2010, issued notice to the respondents by special messenger and directed that further action pursuant to Ext.P4 will be kept in abeyance. 3. I heard learned counsel appearing for the petitioner, learned counsel appearing for respondents 1 and 2 and also counsel appearing for the additional fourth respondent, on whose complaint, notice was issued. 4. Evidently Ext.P4 is in the nature of a notice and, therefore, it is open to the petitioners to file their objections to W.P.(C) No.33045/10 : 2 : Ext.P4 and it is for the Panchayat to decide the issue. 5. If the petitioners have already filed objections, it is directed that the first respondent shall issue notice to the petitioner and additional fourth respondent, hear them and pass orders in the matter. Since Ext.P4 is found to be only a notice, the apprehension that the petitioners will be forced to close down the shopping complex is baseless. Therefore, no interim order to that effect is necessary. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks