IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 6722 of 2009(I) ------------------------------- PETITIONER(S): ------------------- P.V. RAJENDRAN, AGED 56 YEARS, S/O. NARAYANAN PILLAI, PUTHOOR HOUSE, KAVUMBHAGOM, THIRUVALLA. BY ADV. MR.SATHISH NINAN RESPONDENT(S): ------------------- 1. MUNICIPAL COUNCIL, THIRUVALLA MUNICIPALITY, MUNICIPAL OFFICE, THIRUVALLA, REPRESENTED BY ITS SECRETARY. 2. THE THIRUVALL MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, THIRUVALLA. 3. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, THIRUVALLA. MR. S. SUBHASH CHAND – SC GOVERNMENT PLEADER MS. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 6722 OF 2009 ---------------------------------------- Dated this the 3rd day of March, 2009 JUDGMENT On allegations of encroachment, into Municipality's properties filling up the same and construction of a road, proceedings have been initiated, which culminated in Exts.P3 and P5 orders directing the petitioner to restore the property of the Municipality to its original position. Against the same, the petitioner has filed Ext.P6 appeal before the Municipality. The petitioner's grievance in this writ petition is that while that appeal is pending, by Ext.P7 communication, the Municipality is taking hasty step to implement the orders impugned in the appeal. The petitioner, therefore, seeks a direction to the Municipality to pass orders on Ext.P6 appeal and to keep in abeyance further proceedings pursuant to the impugned order, till an order is passed in the appeal. 2. I have heard the learned Standing Counsel for the Municipality also. I am of opinion that since if the impugned orders are implemented while the appeal is pending, the appeal W.P.(c)No.6722/09 2 itself would become infructuous, it is only appropriate that the appeal is disposed of expeditiously and till then the status quo as on today shall be maintained. In the above circumstances, the writ petition is disposed of with the following directions: The 1st respondent shall consider and pass orders on Ext.P6 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment after affording the petitioner an opportunity of being heard. Till orders are so passed on Ext.P6, status quo as on today shall be maintained in respect of the property in question. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.6722/09 3