IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 9113 of 2006(I) ------------------------------------ PETITIONERS: --------------------- 1. MONICHAN JOSEPH, S/O. JOSEPH, NJAVALLIKUNNEL HOUSE, VALLAKKADAVU, KATTAPPANA P.O., IDUKKI. 2. RETNAMMA GOPINATH, ELLALIKKAL VEEDU, VAZHAVARA P.O., NIRMALA CITY, KATTAPPANA. 3. GOVINDA PANICKER, S/O. AYYAPPAN NAIR, ELLALIKKAL VEEDU, VAZHAVARA P.O., NIRMALA CITY, KATTAPPANA. 4. V.T. THOMAS, VALLIYAMTHADATHI HOUSE, VAZHAVARA P.O., NIRMALA CITY, KATTAPPANA. BY ADV. SRI.JOICE GEORGE. RESPONDENTS: ----------------------- 1. THE KATTAPPANA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KATTAPPANA P.O., IDUKKI DISTRICT. 2. THE DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IHRD), VAZHUTHACAUD P.O., THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, ADV.SRI.S.SUJIN, SC, IHRD FOR R2, ADV. SRI.K.K.CHANDRAN PILLAI FOR R1, ADV. SRI.REJOY RAJ FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9113/2006-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION DTD. 26/02/2000 PUBLISHED BY THE R.1. PANCHAYATH IN MALAYALA MANORAMA DAILY. EXT.P.2: COPY OF THE POWER OF ATTORNEY EXECUTED IN FAVOUR OF THE PETITIONER BY THE P.2. AND OTHERS DTD. 01/03/01. EXT.P.3: COPY OF THE COMMUNICATION DTD. 05/05/2000 ISSUED BY THE DIRECTOR OF THE R.2. IHRD. EXT.P.4: COPY OF THE REPORT DTD. 05/07/2000 SUBMITTED BY THE SUB COMMITTEE TO THE R.1. PANCHAYATH. EXT.P.5: COPY OF THE COUNTER AFFIDAVIT FILED BY THE R.1. HEREIN IN O.P. NO. 20392/2000 DT. 04/09/00. EXT.P.6: COPY OF THE JUDGMENT DTD. 07/11/2000 IN O.P. NO. 20392/2000 OF THE HONOURABLE HIGH COURT OF KERALA. EXT.P.7: COPY OF THE MASS-PETITION DTD. 06/02/2006 SUBMITTED BEFORE THE R.1. GRAMA PANCHAYATH. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.9113 OF 2006 --------------------------------------- Dated this the 29th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to take necessary steps to establish the IHRD Applied Science College in the property purchased by the 1st respondent from the 1st petitioner at Vazhavara in Idukki District without delay. ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent not to allow the land purchased by it comprised in Sy.No.136/3, 136/4, 137/1, 137/9 in block No.68 of Kattappana Village at Vazhavara for any purpose other than for establishing the IHRD Applied Science College, Kattappana. It is seen that the petitioners have submitted Exhibit P7 before the first respondent. In case no action has been taken on Exhibit P7, petitioners may produce a copy of this judgment before the first respondent, in which case, appropriate action in accordance with law in the matter will be taken by the panchayath, expeditiously. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 9113 OF 2006 J U D G M E N T 29.09.2008