IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 9000 of 2008(U) ------------------------- PETITIONER: ------------ 1. K.P. IBRAHIM KUTTY HAJI, S/O. MOHAMMED KUNHI, TRADER, RESIDING AT CHIRAKKAL AMSOM, DESOM, P.O. CHIRAKKAL, KANNUR TALUK AND DISTRICT. 2. N.M. SANTHOSH, S/O. BHASKARAN, TRADER, RESIDING AT KANHIRATHARA, CHIRAKKAL AMSOM, DESOM, KANNUR TALUK AND DISTRICT. 3. N.K. SUJAYAKUMAR, S/O. KUNHIRAMAN, TRADER, RESIDING AT CHIRAKKAL AMSOM, DESOM, KANNUR TALUK AND DISTRICT. BY ADV. SRI.K.M.MOHAMMED KUNHI RESPONDENTS: ------------- 1. STATE OF KERALA THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATH, CIVIL STATION, KANNUR. 3. THE CHIRAKKAL GRAM PANCHAYATH THROUGH ITS SECRETARY, P.O. CHIRAKKAL, KANNUR TALUK AND DISTRICT. BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 9000 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2008 JUDGMENT Learned Government Pleader takes notice on behalf of respondents 1 and 2 and draws my attention to the judgment which I have passed in W.P.(C)No.37815/07. It is submitted that the petitioners are in occupation of some other rooms in the building which was the subject matter of W.P.(C)No.37851/07. The issue I am informed is now being pending before the Government. Considering the directions issued by me in the judgment in W.P. (C)No.37851/07, I dispose of this writ petition also clarifying that the Government's decision pursuant to my judgment in W.P.(C)No.37815/07 will be applicable to the present petitioners also. Accordingly, there will be a direction to the Panchayat not to take any coercive steps for evicting the petitioners from the shop rooms occupied by them till such time as the Government takes a decision on Exts.P3 and P7 mentioned in W.P.(C)No.37815/07 which decision will WPC.No.9000/08 2 be communicated to the petitioners also on condition that the petitioners will discharge the rent/licence if the arrears payable by them to the Panchayat at the contracted rates for the period upto 31/03/2007 along with damages for use and occupation for the periods subsequent to 31-03-2007 at a rate of 25% above the contracted rates. Arrears upto date shall be paid by the petitioners at the above rates on or before 01/04/2008. If these conditions are not complied with by the petitioners, it will be open to the Panchayat to evict the petitioners summarily from the rooms in their occupation. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.9000/08 2