IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8551 of 2010(T) ------------------------- PETITIONER(S): ---------------------- N.O.JOY, AGED 44 YRS. S/O.OUSEPH, NEDUNGAN HOUSE, CHELAMATTOM KARA, CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S): ----------------------- 1. DEEPTHI PRASAD, AGED 32 YRS, W/O.PRASAD, MADATHIL HOUSE,CHELAMATTOM KARA, CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK. 2. M.C.PRASAD, AGED 38 YRS, S/O.CHANDRAN NAIR, MADATHIL HOUSE,CHELAMATTOM KARA, CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK. 3. T.R.UNNI, AGED 40 YRS. S/O.RAMAN NAIR, THOZHALI HOUSE,CHELAMATTOM KARA, CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK. 4. K.D.JOSE, AGED 43 YRS, S/O.DEVASSI, KIZHAKKUMTHALA HOUSE, CHELAMATTOM KARA, CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK. 5. THE OKKAL GRAMA PANCHAYAT OKKAL P.O. ERNAKULAM DT-683550. REP.BY ITS SECRETARY. 6. THE STATE OF KERALA THROUGH THE SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).8551/2010 -------------------- Dated this the 16th day of March, 2010 JUDGMENT The prayer sought in the writ petition is to quash Ext.P2 notice issued by the 5th respondent Panchayat requiring the petitioner to widen a thodu within 24 hours. It is mainly contended that because of the time frame set in Ext.P2, petitioner is deprived of even the appellate remedy. Aggrieved thereby, the writ petition is filed. 2. Having regard to the fact that the petitioner is called upon to do the work within 24 hours, I am inclined to think that the petitioner is justified in the submission made. Therefore, I feel it only appropriate that Ext.P2 should be deferred for a reasonable time in order to enable the petitioner to move his appeal against the same. 3. In view of the above, the writ petition is disposed of directing the 5th respondent Panchayat to defer Ext.P2 for a period of two weeks. In the meanwhile, it will be open to the W.P.(C).8551/10 2 petitioner to seek his appellate remedy. 4. Petitioner shall produce a copy of the judgment before the 5th respondent Panchayat on or before 18.3.2010 for compliance. ANTONY DOMINIC, Judge mrcs