IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 5TH JULY 2007 / 14TH ASHADHA 1929 WP(C).No. 19848 of 2007(K) -------------------------- PETITIONER: ------------ B.PADMAVATHI AMMA, AGED 69, W/O LATE P.K.GOPALA PILLAI, JAYA SADANAM, THEKKEKKUTTU, PERUMPANACHI, CHANGANACHERRY. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SRI.E.M.MURUGAN SMT.THANKOM.G RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY,(MINISTRY OF LOCAL ADMN.) SECRETARIAT, TRIVANDRUM. 2. THE MADAPPALLY GRAMA PANCHAYAT, MADAPPALLY, REP. BY ITS PRESIDENT. 3. THE SECRETARY, MADAPPALLY GRAMA PANCHAYAT, MADAPPALLY. BY ADV. SRI.LAL GEORGE - R2 & R3 R1 - BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP.19848/2007) EXT.P1:: TRUE PHOTOSTAT COPY OF SALE DEED EXT.P2: A TRUE PHOTOSTAT COPY OF CATEGORIC REPORT DT. 27/3/2007. EXT.P3: TRUE PHOTOCOPY OF NOTICE DT. 14/6/2007. EXT.P4: TRUE PHOTOSTAT COPY OF APPEAL BEFORE R2. EXT.P5: TRUE PHOTOCOPY OF STAY PETITION. EXT.P6: TRUE PHOTOCOPY OF RECEIPT. RESPONDENTS' EXHIBITS: EXT.R2(A): TRUE PHOTOCOPY OF LETTER DT. 9/1/2007. EXT.R2(B): TRUE PHOTOCOPY OF NOTICE DT. 22/3/2007. EXT.R2(C): TRUE PHOTOCOPY OF RETURNED POSTAL ARTICLE EXT.R2(D): TRUE PHOTOCOPY OF COMMUNICATION DT. ¾/2007. EXT.R2(E): TRUE PHOTOCOPY OF ORDER DT. 30/4/2007. EXT.R2(F): TRUE PHOCOPY OF NOTICE DT. 14/6/2007. EXT.R2(g)A SERIES: NEWS ITEM IN MANORAMA DAILY DT. 24/6/2007. EXT.R2(G)b: NEWS ITEM IN MANORAMA DAILY DT. 3/7/2007. EXT.R2(H): PHOTOCOPY OF COMMUNICATION DT. 2/7/2007. A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 19848 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of July, 2007. J U D G M E N T In view of the intervening development, it is not necessary to deal with the rival contentions of the parties at this stage. In my view, interest of justice will be met if this writ petition is disposed of with appropriate directions, since it is brought to my notice that the Panchayat has already passed an order on the appeal preferred by the petitioner against the order impugned. It is submitted by the learned counsel for the petitioner that arrangements have already been made to prefer a revision petition against the order of the Panchayat before the Tribunal at Thiruvananthapuram. He prays that till such time the revision petition is moved and interim orders are obtained, the appellate order passed by the Panchayat Committee may be kept in abeyance. 2. Though learned Standing Counsel for the Panchayat vehemently opposed the above plea on the ground that the entire area is inundated because of the illegal action of the petitioner, in the peculiar facts and circumstances of the case I am satisfied that some breathing space can be granted to the petitioner. Therefore the writ petition is disposed of with the following directions: The appellate order passed by the Panchayat Committee shall be kept in abeyance till 2 p.m on July 9, 2007. If the petitioner does not obtain any interim order of stay from the Tribunal, it will be open to the Panchayat to execute its order. A.K. Basheer Judge. an.