IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 W.A.No. 2371 of 2009 -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29424/2009 Dated 19/10/2009 .................... APPELLANT / PETITIONER: ------------------------------------------ 1. RAJU THOMAS VATHAMALA, S/O.THOMAS, AGED 44 YEARS, VATHAMALA, PAYAROM, PAYAROM.P.O, ALAKKODE, KANNUR DISTRICT 2. JAYAMOL.P.C, W/O.RAJU THOMAS, AGED 38 YEARS, VATHAMALA, PAYAROM, PAYAROM.P.O, ALAKKODE, KANNUR DISTRICT BY ADV. SRI.M.SASINDRAN SRI.V.GIRISHKUMAR RESPONDENTS / RESPONDENTS: ----------------------------------------------------- 1. ALAKKODE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ALAKKODE.P.O, KANNUR DISTRICT, PIN-670 571. 2. THE SECRETARY, ALAKKODE GRAMA PANCHAYATH, ALAKKODE.P.O, KANNUR DISTRICT, PIN-670 571. ADV. SRI.K.V.SOHAN FOR R1 & R2 SMT.SREEJA SOHAN.K. FOR R1 & R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.2371 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December 2009 JUDGMENT A.K.BASHEER, J. Having heard learned counsel for the appellant and the learned Standing Counsel for the respondent/Panchayat, we are of the view that it is not necessary to advert to or to deal with the rival contentions of the parties. 2. Learned counsel for the appellant submits that in view of the stand taken by the Panchayat, the appellant is prepared to re-submit the application along with the annexures making necessary modifications, if any, required from the sanctioned plan. He further submits that liberty may be reserved to the appellant to raise all his contentions before the Panchayat at the time of hearing. 3. Appellant shall re-submit the application after curing the defects, if any, within one week from today, in which event the Panchayat shall hear the appellant and re-consider the application in accordance with law. Appropriate orders shall be passed by the Panchayat on the said application within two weeks from the date of re-submission of the application. This writ appeal is disposed of in the above terms. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes