IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 30035 of 2008(A) ----------------------------------- PETITIONER(S): ----------------------- A.T. MATHEW, ELAMPLASSERIYIL HOUSE, MOONILAVU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.HARISH.M RESPONDENT(S): ------------------------- 1. THE SECRETARY TO GOVERNMENT DEPARTMENT, OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MOONILAVU GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MOONILAVU P.O., KOTTAYAM DIST. BY GOVERNMENT PLEADER SRI. K.V.MANOJ KUMAR, ADV. GEORGE KUTTY MATHEW FOR R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.30035 of 2008 ================== Dated this the 14th day of October, 2008. J U D G M E N T Against the orders of the 2nd respondent Panchayath regarding construction of a building by the petitioner, petitioner approached this court by filing W.P.(C) No.21377/08. In that writ petition by Ext.P5 judgment after entering certain findings in favour of the petitioner this Court held that in view of an order of stay, which is produced as Ext.P4, in this writ petition, this Court is not justified in directing the Panchayath to ignore the stay order and implement the order which was sought to be implemented in the writ petition. Accordingly, the petitioner was given liberty to move the Government to get the stay order vacated. Pursuant to the same, the petitioner filed Ext.P6 petition before the 1st respondent. The petitioner's grievance is that in spite of the findings in favour of the petitioner in Ext.P5 judgment, the Government is not taking any action in the matter to vacate the interim order. The petitioner therefore seeks the following reliefs: W.P(C)No.30035 of 2008 - 2 - “(i) Issue a writ of mandamus directing the 1st respondent to consider Ext.P6 in the light of Ext.P5 judgment and pass appropriate orders varying Ext.P4 order so that the 2nd respondent can assign building number to the building of the Petitioner, with in the time limit fix by this Court. (ii) Issue a writ of mandamus directing the 2nd Respondent to assign building number to the completed ground floor of the building of the Petitioner provisionally pending final disposal of Ext.P6 by the 1st Respondent.” 2. I have heard the learned Government Pleader and the learned Standing Counsel appearing for the 2nd respondent. I feel that in view of Ext.P5 judgment it is only in the fitness of things that the 1st respondent completes the proceedings pursuant to Ext.P4 expeditiously taking into account, Ext.P6 petition filed by the petitioner. 3. Accordingly, this writ petition is disposed of directing the 1st respondent to pass final orders pursuant to Ext.P4, taking into account Ext.P6 representation as well as Ext.P5 judgment, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the 2nd respondent. The petitioner shall forward a copy of this writ petition along with a certified copy of this judgment to the 1st respondent for compliance. S.SIRI JAGAN, JUDGE rhs