IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 W.A.No. 1680 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.6021/2008 DATED 01/04/2008 .................... APPELLANT/PETITIONER: ------------------------------------- BHARAT SANCHAR NIGAM LIMITED, A GOVERNMENT OF INDIA ENTERPRISE, REPRESENTED BY DEPUTY GENERAL MANAGER (PLANNING & ADMINISTRATION) O/O THE GENERAL MANAGER, BSNL, ALAPPUZHA. BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THAZHAKKARA GRAMA PANCHAYATH, KALLIMEL.P.O, MAVELIKKARA, ALAPPUZHA, REPRESENTED BY THE SECRETARY. 2. SECRETARY, THAZHAKKARA GRAMA PANCHAYATH, KALLIMEL.P.O, MAVELIKKARA, ALAPPUZHA. @ 3. K.J. JOSEPH, (DELETED) S/O. OUSEPH MATHAI, KATTUPARAMBIL KARTHIKA, THAZHAKKARA.P.O, MAVELIKKARA. 4. MURALI THAZHAKKARA, (DELETED) S/O. KESAVAN ASSARI, VALIYA AYYAYATH, THAZHAKKARA.P.O, MAVELIKKARA. W.A.NO.1680 OF 2008 - 2 - 5. OOMMEN NINAN, (DELETED) S/O. NINAN, KANKAIL MALAYIL HOUSE, THAZHAKKARA.P.O, MAVELIKKARA. @ RESPONDENTS 3 TO 5 ARE DELETED FROM THE ARRAY OF RESPONDENTS AT THE RISK OF THE APPELLANT AS PER ORDER DATED 15.9.2008 IN I.A.NO.519 OF 2008 R1 & R2 BY ADV.SRI.RASHEED C.NOORANAD ADV. SRI.C.V.MANUVILSAN (FOR INTERVENORS - PETITIONERS IN I.A.NO.856 OF 2008) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.1680 of 2008 ------------------------------------------- Dated, this the 24th day of September, 2008 JUDGMENT H.L.Dattu, C.J. Ext.P2 is an order/resolution passed by the first respondent Grama Panchayat. Aggrieved by that order, the appellant was before this Court in W.P.(C) No.6021 of 2008. The learned Single Judge by his orders dated 1st of April, 2008 has rejected the writ petition. That is how the petitioner in the writ petition is before us in this writ appeal. (2) The matter is posted for admission today. Learned counsel appearing for the appellant seeks permission of the Court to withdraw the writ appeal with liberty to the appellant to approach the first appellate authority against Ext.P2 order/resolution passed by the Grama Panchayat. (3) In our opinion, if the request made by the learned counsel for the appellant is granted, it would not cause any prejudice to anyone of the parties in the writ petition or in the writ appeal. Therefore, we dispose of the writ appeal as under: ORDER i) Writ appeal is disposed of as withdrawn. ii) The appellant is permitted, if it so desires, to approach the W.A.No.1680 of 2008 2 first appellate authority, if for any reason it is aggrieved by Ext.P2 order/resolution passed by the Grama Panchayat. If for any reason, the appellant files an appeal, the appellate authority would decide the same in accordance with law untrammelled by any observations made by the learned Single Judge while disposing of the writ petition. iii) All the contentions of both the parties are left open. (4) In view of the order passed in the writ appeal the relief sought for in I.A.No.856 of 2008 need not be considered at this stage. Accordingly, the said application is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns