IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 3039 of 2008(J) ------------------------- PETITIONER: ------------ K.V.IYYAKKU, AGED 75, S/O.VAREETH, KAKKASSERY HOUSE, CHOWANNUR P.O., THRISSUR DIST. BY ADV. SRI.C.PRABIN BENNY RESPONDENTS: ------------- 1. CHOWANNUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O.CHOWANNUR, THRISSUR DISTRICT. 2. THE SECRETARY, CHOWANNUR GRAMA PANCHAYAT P.O.CHOWANNUR, THRISSUR DISTRICT. 3. GEOLOGIST, THRISSUR DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, THRISSUR 20. R1-R2 BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY R3 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.3039 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th February, 2008 JUDGMENT Under challenge in this Writ Petition is Ext.P4. But I notice that Ext.P4 is only a stop memo. But then, as rightly submitted by Mr.Prabin Benny, counsel for the petitioner, Ext.P4 is issued on the basis of a resolution adopted by the Panchayat Committee on 9.1.2008. Several grounds have been raised by the petitioner impugning Ext.P4 as well as the resolution of the Panchayat Committee. I construe Ext.P4 as a stop memo only though the same is issued on the basis of the resolution of the Panchayat Committee. I permit the petitioner to file an appeal/review against Ext.P4 notice as well as the resolution of the Panchayat Committee within two weeks from today. If such an appeal/review is received from the petitioner within the stipulated time, the Panchayat Committee will hear the petitilner as well as the 10 persons who according to the Panchayat have submitted complaints regarding the petitioner's activities. Issuance of individual notice to each of the complainants is necessary in view of the assertion that the very same complainants have issued consent to the petitioner. Hearing as directed above will be conducted and decision will be taken by the Panchayat Committee W.P.C.No.3039/08 - 2 - regardng confirmation of the resolution at the earliest and at any rate within one month of the petitioner filing appeal/review. Once decision is taken, the petitioner will be informed of the same. While taking decision the Panchayat Committee will also take a decision on the question as to whether it is necessary for the petitioner to seek permit from the Panchayat over and above the permit issued to him by the third respondent. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE