IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 12418 of 2011(B) -------------------------- PETITIONER(S): --------------- 1. VALSA PAULOSE, W/O.LATE C.K.PAULOSE, AGE 62 YEARS, CHAKIATH HOUSE, CHERANALLOOR, KOCHI-34. 2. PAULSON PAULOSE, S/O.LATE C.K.PAULOSE, AGED 35 YEARS, CHAKIATH HOUSE, CHERANALLOOR,KOCHI-34. 3. PETSON PAULOSE, S/O.LATE C.K.PAULOSE, AGED 32 YEARS, CHAKIATH HOUSE, CHERANALLOOR, KOCHI-34. BY ADVS. SRI.SHAJI P.CHALY SRI.S.GOPAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY HOME, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001. 2. THE COMMISSIONER OF POLICE, ERNAKULAM CITY, ERNAKULAM DISTRICT, KOCHI-11. 3. THE CIRCLE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, ERNAKULAM, KOCHI-18. 4. THE SUB INSPECTOR OF POLICE, CHERANELLOOR POLICE STATION, KOCHI-34. 5. JACOB.V.T., VAILYPARAMBIL HOUSE, PALLIKAVALA, CHERANALLOOR P.O., KOCHI-34. 6. BIJU JOSEPH, THATTASSERRY HOUSE, PALLIKAVALLA, CHERANALLOOR P.O., KOCHI-34. WP(C).No. 12418/ 2011 * ADDITIONAL R7 & R8 IMPLEADED: 7. C.K. RAJU, CHAKKERITHARA HOUSE, CHERANELLORR. P.O., ERNAKULAM - 680 034. ADDITIONAL RESPONDENT NO.7 IS IMPLEADAED IN WPC AS PER ORDER DATED 13/05/11 IN I.A. 7370/11 8. CHERANALLOOR GRAMA PANCHAYATH, CHERANALLOOR, ERNAKULAM - 682 034 BY ITS SECRETARY ADDITIONAL RESPONDENT NO.8 IS IMPLEADAED AS PER ORDER DATED 25/05/11 IN I.A. 7533/11 R1 TO R4 BY GOVT. PLEADER SMT. C.M. CHARISMA ADDL.R7 BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH R8 BY: SRI.S.SHANAVAS KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12418/ 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PARTITION DEED BEARING NO. 2204/2001 DT.14/05/01. EXT.P2: COPY OF THE PARTITION DEED BEARING NO.6723/2005 DT.05/12/2005. EXT.P3: COPY OF THE BUILDING PERMIT BEARING NO.C4-3724/09 DT.16/12/09. EXT.P4: COPY OF THE ORDER OF SECRETARY CHERANALLOOR GRAMA PANCHAYATH DT.23/12/10. EXT.P5: COPY OF THE LOCATION SKETCH ISSUED BY THE CHERANALLOOR VILLAGE OFFICER EXT.P6: COPY OF THE BASIC TAX REGISTER ISSUED BY THE CHERANALLOOR VILLAGE OFFICER. EXT.P7: COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 3RD AND 4TH RESPONDENTS. EXT.P8: COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT DT.08/04/2011. EXT.P9: COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT DT.12/04/2011. RESPONDENT'S EXHIBITS: EXT.R.7(a):COPY OF THE PLAINT DATED 8TH APRIL, 2010 NUMBERED AS O.S. NO.442 OF 2010. EXT.R.7.(b): COPY OF THE NOTICE ISSUED BY THE CHERANALLOOR GRAMA PANCHAYATH, DATED 07/05/2011. //TRUE COPY// P.A. TO JUDGE smvd R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.12418 OF 2011 ............................................. Dated this the 13th day of June, 2011. JUDGMENT Basant, J: When this petition came up for hearing today, the learned counsel for the petitioners submits that there has been subsequent developments which make it difficult and unnecessary for the petitioners to continue to prosecute this petition now. The 8th respondent panchayat on the application of the 7th respondent and others has initiated proceedings against the petitioners and has directed them to show cause as to why the permit granted to them should not be revoked. The learned counsel for the petitioners in these circumstances prays that the petitioners may be permitted not to further prosecute this petition with liberty to them at a later stage, if necessary, to approach this Court afresh with such a request for police protection. 2. Our attention has been drawn to the fact that there is grievance for the 7th respondent that the interim order passed by this Court has been violated and proceedings in W.P.(C).NO.12418 OF 2011 : 2 : contempt have already been initiated against the petitioners herein. 3. The learned counsel for the respondents accepts that this petition can now be dismissed after vacating all interim orders passed so far. 4. We accept the request of the learned counsel for the petitioners. This writ petition is accordingly dismissed as not pressed without any fetter on the rights of the petitioners, if necessary, to approach this Court later with request for police protection. All interim directions issued are hereby vacated. We make it clear that dismissal of this petition will have no bearing on the application which is said to be pending for initiation of proceedings in contempt against the petitioners or affect the defences available to the petitioners in such proceedings. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. W.P.(C).NO.12418 OF 2011 : 3 : cl