IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 14253 of 2009(B) -------------------------------------- PETITIONER(S): ---------------------- MARY JOSE, W/O.JOSEPH, AGED 60, RESIDING AT NEDUTHURUTHY PUTHENPURAYIL, KALLARA SOUTH (VAIKOM). BY ADV. MR.T.I.ABDUL SALAM RESPONDENT(S): ------------------------- 1. KALLARA (VAIKOM) GRAMA PANCHAYAT, KALLARA SOUTH, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KALLARA (VAIKOM) GRAMA PANCHAYAT, KALLARA SOUTH P.O., VAIKOM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 14253 OF 2009 ............................................ DATED THIS THE 25th DAY OF MAY, 2009 JUDGMENT Notice to respondents is dispensed with, preserving their right to move for review of this judgment, if aggrieved. Certain persons complained to the Secretary of the first respondent that the petitioner has constructed a compound wall encroaching into a panchayat road. The site was inspected by the Secretary and panchayat members, following which the Secretary of the panchayat issued Ext.P7. While it makes reference to the complaint, it makes no reference to any prior notice. Therefore Ext.P7 could be treated only as a provisional notice. The petitioner submitted Ext.P8 to Ext.P7. She has also filed Ext.P9 appeal and Ext.P10 stay petition against Ext.P7. In the normal course, the petitioner cannot file an appeal, since there is no final decision at the hands of the Secretary of the panchayat. However, since the matter involves the panchayat road, it is ordered that the committee calls for the entire files and hears the petitioner or her representative and decides on Ext.P9 appeal, WP(C) 14253/23009 2 since the petitioner has volunteered to file such an appeal. Under such circumstances, it is ordered that the committee of the first respondent panchayat will take up Ext.P9 appeal and issue a further decision thereon at the earliest. It would also be appropriate that the committee decides on Ext.P10 stay petition, if a final decision on Ext.P9 is likely to be delayed. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/26/5