IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 14210 of 2008(N) -------------------------- PETITIONER(S): --------------- P.K.MOHAMMED, S/O KUNHI BAVA, AGED 56 YEARS, PUTHIYA VEETTIL, MANNAM P.O., NORTH PARUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE PARUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, N.PARUR. 3. THE CHAIRMAN, PARUR MUNICIPALITY, N.PARUR. BY ADV. SRI.T.A.SHAJI FOR R2 TO 3 GOVT. PLEADER SRI.BASANT BALAJI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2008 ALONG WITH WPC NO. 23291 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.14210/08 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE SKETCH OF THE PROPERTY. EXT.P2 TRUE COPY OF THE RECEIPT DATED 6-11-2007 EXT.P3 TRUE COPY OF THE ORDER DATED 1-10-2007 EXT.P4 TRUE COPY OF THE INTIMATION DATED 5-12-2007 EXT.P5 TRUE COPY OF THE JUDGMENT IN W.P.C.NO.36662/07 EXT.P6 TRUE COPY OF THE REVIEW PETITION DATED 8-2-2008 EXT.P7 TRUE COPY OF THE ORDER DATED 22-3-08 /True copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).NOs. 14210 & 23291 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November , 2008 JUDGMENT Under challenge in both these writ petitions is Ext.P7 in W.P.(C) No.14210/08, by which an earlier order of the Government - GO.No.2680/07 dated 4-2-2004 referred to as item No.3 in Ext.P7 is ordered to be stayed on the basis of a petition for review submitted by Paravur Municipality- the requisitioning authority. I am of the view that the grievance of the petitioners voiced through the various grounds raised in the writ petition can be redressed to a considerable extent if the petitioners are allowed hearing opportunity by the Government before the Government takes a final decision on the application dated 8-02-2008 submitted by the Chairman of the Paravur Municipality ( reference No.4 in Ext.P7) in W.P.(C)No. 14210/08. Accordingly, I dispose of both these writ petitions without examining the merits of the various grounds raised directing the Government to take an early decision on reference No. 4 in Ext.P7 in W.P.(C)No. 14210/08 ( Ext.P5 in W.P.(C)No.23291/08) after giving W.P.(c).NOs. 14210 & 23291 of 2008 2 opportunity to the writ petitioners in both the cases and also to the Paravur Municipality who have submitted Ext.P6 petition, for personal hearing. Considering the urgency projected before me by Sri.T.A.Shaji, there will be a further direction to the Government to take a final decision on Ext.P6 review petition at the government's earliest and at any rate within three months of receiving a copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. W.P.(c).NOs. 14210 & 23291 of 2008 3