IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 9662 of 2005(A) ------------------------- PETITIONERS: ------------------ 1. SAJIKUMAR, SHOP NO. 33, T.K.P.M. MUNICIPAL SHOPPING COMPLEX, KAYAMKULAM. 2. R. ANIL KUMAR, SHOP NO. 34, T.K.P.M. MUNICIPAL SHOPPING COMPLEX, KAYAMKULAM. 3. GEORGE VARGHESE, SHOP NO. 28, T.K.P.M.MUNICIPAL SHOPPING COMPLEX, KAYAMKULAM. BY ADVS. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.RAMACHANDRAN (PALAKKAD) SRI.P.T.RASHEED SMT.ANALA KHUSI BHASKAR RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. KAYAMKULAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KAYAMKULAM MUNICIPALITY, KAYAMKULAM. BY ADVS. GOVERNMENT PLEADER SRI. MOHAMMED ANZAR K.J. FOR R1 SRI.R.RAYA SHENOY FOR R2 SRI.R.PRASANTH KUMAR FOR R2 SRI.K.G.RAJAPPAN NAIR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No. 9662/05 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE RECEIPT DATED 31.12.2004 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. /TRUE COPY/ P.A TO JUDGE. vkm KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.9662 of 2005 ----------------------------------------- Dated this the 18th day of July, 2008 JUDGMENT In the matter of execution of an agreement, there is already an interim order dated 23-3-2005. It is submitted that the issue is covered in favour of the petitioners by the decision of this court in Abdul Rahiman v. Tirur Municipality, 2001 (2) KLT 716. Learned counsel for the respondents submits that the matter is now pending before the Supreme Court. Therefore the writ petition is disposed of in terms of the interim order and making it clear that the parties shall be bound by the decision of the Supreme Court. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.9662 of 2005 ----------------------------------- JUDGMENT 18th July, 2008