IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 25548 of 2005(N) ------------------------------------ PETITIONER: ------------------ 1. JOHNSON V.M., S/O.V.T.MATHAI, AGED 46 YEARS, VADAKOOTT HOUSE, PAVARATTY, THRISSUR. 2. MURALI.M.K., S/O.KUNJUNNI, AGED 46 YEARS, MUNDATHARA HOUSE, PALUVAI, THRISSUR. 3. ABDUL JALEEL P.L., S/O.MOHAMMED, AGED 51 YEARS, PALAKKOTT HOUSE, PAVARATTY, THRISSUR. 4. THOMAS C.M., S/O.MATHAI, AGED 46 YEARS, CHIRAYATH HOUSE, CHITTATTUKARA, THRISSUR. 5. JOSE N.P., S/O.PORINCHUKUTTY, AGED 55 YEARS, NEELAMKAVIL HOUSE, PAVARATTY, THRISSUR. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MATHEW KURIAKOSE RESPONDENTS: ---------------------- 1. THE PANCHAYAT COMMITTEE, PAVARATTY GRAMA PANCHAYAT.SPECIAL GRADE, THRISSUR, REP. BY ITS PRESIDENT. 2. THE SECRETARY(SPECIAL GRADE), PAVARATTY GRAMA PANCHAYAT, THRISSUR. 3. ADDITIONAL R3 IMPLEADED: ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, PAVARATTY, THRISSUR - IS IMPLEADED AS PER ORDER DATED 17.1.07 IN I,A, 698/07. BY ADV. SRI.C.A.MAJEED FOR R1,2 SRI.JOSE .J.MATHEIKEL FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25548 of 2005(N) -2- APPENDIX PETITIONERS' EXHIBITS: EXT.P1 - PHOTOCOPY OF NOTICE DATED 3.8.2005 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P1(a) - PHOTOCOPY OF CERTIFICATE DATED 26.7.2005 ISSUED BY THE ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, ELAVALLY GRAMA PANCHAYAT. EXT.P2 - PHOTOCOPY OF APPEAL AS WELL AS STAY PETITION PREFERRED BY THE PETITIONERS BEFORE 1ST RESPONDENT ON 18.8.2005. EXT.P3 - PHOTOGRAPHS OF THE SHOPPING COMPLEX OCCUPIED BY THE PETITIONERS TAKEN IN 3 DIFFERENT ANGLES. EXT.P4 - PHOTOGRAPHS SHOWING THE SHOPPING COMPLEX OCCUPIED BY THE PETITIONERS AS WELL AS THE ADJACENT VACANT BUILDING. EXT.P5 - TRUE COPY OF LETTER DATED NIL ISSUED BY ADDITIONAL 3RD RESPONDENT TO PETITIONER. EXT.P6 - TRUE COPY OF LETTER DATED 28.12.2006 ISSUED BY 2ND RESPONDENT TO ADDITIONAL 3RD RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R2(a) - A PHOTOCOPY OF THE COMPLAINT DATED 31.5.2005. EXT.R2(b) - A PHOTOCOPY OF THE LETTER DATED 25.6.2005. EXT.R2(c) - A PHOTOCOPY OF THE REPORT DATED 19.7.2005. TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.25548 OF 2005 --------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T Aggrieved by Exhibit P1 notice, petitioners approached the first respondent by Exhibit P2. There will be a direction to the first respondent to look into Exhibit P2, with notice to the petitioners, and pass appropriate orders thereon in accordance with law, if not already passed, within a period of three months from the date of receipt of a copy of this judgment. The contention regarding alternate accommodation will also be considered by the panchayath. Till orders as above are passed by the panchayath, interim order passed by this Court will continue. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 25548 OF 2005 J U D G M E N T 01.09.2008