IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WA.No. 2341 of 2008 --------------------- AGAINST THE ORDER IN WPC.35282/2007 Dated 03/11/2008 .................... APPELLANT: 1ST RESPONDENT IN WPC 35282/2007: ------------------------------------------------------------------------ THE KEEZHMAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KEEZHMAD, ERNAKULAM DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: PETITIONER AND 2ND RESPONDENT IN WPC: ---------------------------------------------------------------------------------------- 1. ABAD BUILDERS (P) LTD., ABAD PLAZA, M.G.ROAD, ERNAKULAM-35 REPRESENTED BY ITS MANAGING DIRECTOR MR.RIAZ AHAMED. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI. C.K. KARUNAKARAN. R2 BY SENIOR GOVERNMENT PLEADER, SMT.K. MEERA.. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2341 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2008 JUDGMENT BASHEER, J. Appellant has called in question the legality and propriety of the interim order dated 03.11.2008, passed by the learned Single Judge in a writ petition pending before this Court. (2) By the impugned order, the learned Single Judge has only directed the appellant/Panchayat to process the application submitted by respondent No.1 for issue of completion certificate for the building and also to forward the respondent's application for final Fire NOC to the Commandant General, Fire and Rescue services. (3) It is the admitted position that the larger issue involved in the writ petition now pending consideration before the learned Single Judge is whether Ext.P3 notification and Exts.P4 and P7 Circulars issued by the Government have retrospective operation within the area of the appellant- Panchayat. Respondent No.1 has also questioned the validity of Ext.P3 notification. (4) Having heard learned counsel for the parties and having perused the interim order, we are of the view that, the contentions now WA No. 2341 of 2008 -:2:- urged by the appellant before us have to be necessarily heard and decided by the learned Single Judge. In that view of the matter, we do not propose to interfere with the interim order passed by the learned Single Judge, which does not in any way decide any issue finally. (5) We make it clear that we have not considered the merit of any of the contentions raised by the parties. The appellant may move the learned Single Judge for appropriate modification of the interim order, if so advised. Writ Appeal is disposed of with the above terms. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE ttb WA No. 2341 of 2008 -:3:-