IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 W.A.No.885 of 2008 ---------------------------------------- AGAINST THE ORDER DATED 19.3.2008 (WRONGLY TYPED IN THE ORDER AS 19.3.2007) IN W.P.(C).NO.34540 OF 2007-J. .................... APPELLANT: 7TH RESPONDENT:- ------------------------------------------------ REV. SR. PULCHERIA, CTC, PROVINCIAL SUPERIOR, DEVAMATHA PROVINCE, FATHIMA MATHA CONVENT, NAGAMPADOM, KOTTAYAM-686 001. BY ADV. SRI.K.RAMAKUMAR (SR.), SRI.T.RAMPRASAD UNNI SRI.ANTONY M. AMBAT RESPONDENTS: PETITIONERS & RESPONDENTS 1-6:- ----------------------------------------------------------------------------- 1. M/S.MALAYALAM BUILDERS, ROOM NO.442-A, M.D. COMMERCIAL CENTRE, K.K.ROAD, KOTTAYAM-686 601, REPRESENTED BY ITS PARTNERS, MRS. ANCY ALEX & MRS.SHEEJA JOJO. 2. MRS. ANCY ALEX, AGED 41 YEARS, W/O.ALEX CHACKO, PARTNER, M/S.MALAYALAM BUILDERS, ROOM NO.442-A, M.D. COMMERCIAL CENTRE, K.K.ROAD, KOTTAYAM-686 601. 3. MRS.SHEEJA JOJO, AGED 31 YEARS, W/O.JOJO LUKOSE, PARTNER, M/S.MALAYALAM BUILDERS, ROOM NO.442-A, M.D. COMMERCIAL CENTRE, K.K.ROAD, KOTTAYAM-686 601. W.A.No.885 of 2008 - 2 - 4. MRS.REKHA JIBI JOHN, AGED 31 YEARS, W/O.JIBI JOHN, PARTNER, M/S.MALAYALAM BUILDERS, ROOM NO.442-A, M.D. COMMERCIAL CENTRE, K.K.ROAD, KOTTAYAM-686 601. 5. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (RA) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 6. THE SECRETARY, KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM. 7. KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM, REPRESENTED BY ITS SECRETARY. 8. THE DISTRICT COLLECTOR/ DISTRICT MAGISTRATE, COLLECTORATE P.O., KOTTAYAM. 9. C.I.DAS, AGED 59 YEARS, S/O.LATE KRISHNAN ITTIYATHI, VALIYAPARAMBIL HOUSE, DEVALOKAM P.O., MUTTAMBALAM, KOTTAYAM-686 038. 10. P.K.MOHANDAS, S/O.C.I.KRISHNAN, "MOHAN VILLA", PANAYAKKAZHIPPU KARA, MUTTAMBALAM VILLAGE, KOTTAYAM TALUK-686 038. R1 TO R4 BY ADV.SRI.C.C.THOMAS (SR.) & SRI.M.G.KARTHIKEYAN. R5 & R8 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R6 & R7 BY ADV.SRI.SIBY MATHEW. R9 BY ADV.SRI.SANTHOSH MATHEW. R10 BY ADV.SRI.C.S.MANU. HIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.A.No.885 of 2008 ------------------------------------------ Dated, this the 10th day of April, 2008 JUDGMENT H.L.Dattu, C.J. Sri.C.C.Thomas, learned senior counsel appearing for the contesting respondents, on instructions from his clients, would submit that the writ petition itself may be heard and finally decided by the learned Single Judge on merits. He further undertakes that his clients will not put up any further construction till the matter is finally heard and decided by the learned Single Judge on merits. In view of the undertaking given by the learned senior counsel, it may not be necessary for us at this stage to go into the merits or demerits of the appellant's case. 2. Placing on record the undertaking given by Sri.C.C.Thomas, learned senior counsel for the contesting respondents, this writ appeal is disposed of. 3. Sri.C.C.Thomas, learned senior counsel, further submits that the writ petition itself is posted for hearing on 21.5.2008 to consider certain applications filed by the appellant. In our opinion, instead of considering those applications the writ petition itself may be finally heard and decided by the learned Single Judge. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns