IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4934 of 2008(K) ------------------------- PETITIONER: ------------ 1. SUNNY ZACHARIA S/O ZACHARIA, AGED 28 ( PRINCE RESTAURANT, NEDUMPRAYAR MARAMON, KOZHENCHERRY, PATHANAMTHITTA) 2. THOMAS ZACHARIA S/O ZACHARIA, AGED 26 ( PRINCE RESTAURANT, NEDUMPRAYAR MARAMON, KOZHENCHERRY, PATHANAMTHITTA) ELAVUMMOOTTIL, KANJIKUZHY P.O. IDUKKI BY ADV. SRI.JACOB P.ALEX RESPONDENTS: ------------- 1. THOTTAPPUZHASSERRY GRAMA PANCHAYATH REP. BY ITS SECRETARY MARAMON P.O., KOZHENCHERRY 2. SECRETARY THOTTAPPUZHASSERY GRAMA PANCHAYATH MARAMON P.O., KOZHENCHERRY 3. GEORGE VARGHESE THOVOLIL HOUSE, NEDUMPRAYAR MARAMON, THOTTAPPUZHACHERRY VILLAGE KOZHENCHERRY, PATHANAMTHITTA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.4934 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2008 JUDGMENT Under challenge in this writ petition is Ext.P5 order of the Secretary of the Panchayat to which petitioners have submitted Ext.P6 reply. One of the grounds raised in the writ petition is that the Secretary of the Panchayat has no authority to issue an order in the nature of Ext.P5. According to the petitioners, if at all, it is the president who is competent to issue an order in the nature of Ext.P5. I do not propose to decide the issue finally. It is seen that to Ext.P5, petitioners have submitted Ext.P6. I dispose of the writ petition directing the first respondent to hear the petitioners and take a decision as to whether Ext.P5 should be confirmed. After taking decision, the Secretary shall communicate the decision to both the petitioners giving them atleast three weeks time to comply with the decision. Considering the above directions, there will be a further direction to the second respondent not to enforce Ext.P5 till the decision as directed above is taken and communicated to the petitioners. PIUS.C.KURIAKOSE JUDGE sv.