IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 12608 of 2011(A) -------------------------- PETITIONERS: --------------- 1. SISTER ROSA, SANTHI BHAVAN, X/146, CHOORNIKKARA GRAMA PANCHAYATH, ASOKAPURAM, ALUVA, ERNAKULAM. 2. FR.JOY KOOTHUR, VICAR, ST.MARY'S CATHOLIC CHURCH, ARATTUPUZHA, PALLISSERY.P.O., THRISSUR DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, THRISSUR 68001 2. THE REVENUE DIVISIONAL OFFICER, THRISSUR 680001 3. THE TAHASILDAR, THRISSUR. -680001 4. THE VILLAGE OFFICER, ARATTUPUZHA VILLAGE, ARATTUPUZHA, THRISSUR DISTRICT. - 680563 * 5. SUNILKUMAR, S/O.KUMARIAMMA P., ARATTUPUZHA VILLAGE, ARATTUPUZHA DESOM, ARATTUPUZHA 680562 *[ ADDITIONAL 5TH RESPONDENT IMPLEADED AS PER ORDER DATED 29.9.2011 IN I.A.NO. 15320/2011] GOVERNMENT PLEADER SRI.GEORGE VADAKKEL ADV. SRI.S.VINOD BHAT FOR ADDL R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12608 of 2011(A) APPENDIX PETITIONERS' EXHIBITS P1: TRUE COPY OF THE EXTRACT OF THE BASIC TAX REGISTER PERTAINING TO R.S.NO:307/7 OF ARATTUPUZHA VILLAGE. P2: TRUE COPY OF THE REPORT DATED 21.2.2009 SUBMITTED BY THE VILLAGE OFFICER, ARATTUPUZHA TO THE 2ND RESPONDENT. P3: TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.3.2011 ISSUED BY THE 4TH RESPONDENT. P4: TRUE COPY OF THE REPORT DATED 13.12.2010 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. P5: TRUE COPY OF THE REVISION PETITION DATED 10.3.2011 FILED BY PETITIONERS ALONG WITH TWO OTHERS BEFORE THE 1ST RESPONDENT. P6: TRUE COPY OF THE INTIMATION OF INTENTION TO CARRY OUT CONSTRUCTION GIVEN BY THE PETITONER TO THE VALLACHIRA GRAMA PANCHAYATH ON 24.3.2011 P7: TRUE COPY OF THE ORDER DATED 6.4.2011 ISSUED BY THE SECRETARY, VALLACHIRA GRAMA PANCHAYATH. P8: TRUE COPY OF THE MUNUTES OF THE MEETING OF THE PANCHAYATH COMMITTEE HELD ON 19.4.2011 RESPONDENTS' EXHIBIBITS : NIL //True copy// PA to Judge ANTONY DOMINIC, J ----------------------------------------- W.P(C) No. 12608 of 2011 ------------------------------------------ Dated this the 29th day of September , 2011. JUDGMENT The writ petition was filed, seeking a direction for the disposal of Exhibit P5, filed by the petitioner before the first respondent aggrieved by Exhibit P4. According to the additional respondent, Exhibit P4 was a report made on his complaint and that in this writ petition which was filed without impleading him, an interim order was passed by this Court on 3.5.2011 on the basis of which Exhibit P5 was considered and Exhibit P4 was invalidated by the District Collector again without hearing him. 2. Although, I am inclined to think that the additional respondent should also have been made a party in the writ petition and heard by the District Collector before any order was passed, now that final orders have been passed by the District Collector, virtually the writ petition has become infructuous and the remedy of the additional respondent is to challenge the order passed by the District Collector. W.P(C) No. 12608 of 2011 & I.A. No.15320 of 2011 2 Therefore the writ petition is closed leaving it open to the additional respondent to seek his remedies against the order now passed by the District Collector. Sd/- ANTONY DOMINIC JUDGE rkc //True copy// PA to Judge