IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 16623 of 2008(D) -------------------------- PETITIONER --------------- FR.JOSE KURUVILA, KADANMTHURUTHEL, VIKAR, MOUNT CARMEL CATHOLICE CHURCH, MUNNAR, IDUKKI. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENTS ----------------- 1. MUNNAR GRAMA PANCHAYATH, REP. BY THE SECRETARY, MUNNAR, IDUKKI. 2. THE SECRETARY TO GOVT., LOCAL SELF GOVERNMERNT DEPARTMENT, SECRETARIAT, THIRUVNANTHAPURAM. BY ADV. SMT.AYSHA YOUSEFF, SC, MUNNAR G.PANCHAY FOR R1 SMT.MOLLY JACOB, SC, MUNNAR G.PANCHAYAT FOR R1 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 16623 OF 2008 D ==================== Dated this the 4th day of June, 2008 J U D G M E N T Petitioner submits that they have established a church and other institutions in 4.97 acres of land which was gifted to them by Kannan Devan Hills Produce Company Ltd. It is stated that the land has been exempted from the provisions of the Kannan Devan Hills (Resumption of land) Act 1971. It is also stated that the gift granted in its favour and the exemption enjoyed by it has been recognised by the Kerala Land Board in Ext.P2 order. It is contended by the petitioner that in the aforesaid land in their possession, they have constructed a commercial complex in respect of which the building tax is also being paid by the petitioner. 2. While the petitioner was thus enjoying the property as above, it was issued Ext.P4 notice requiring it to demolish a portion of the commercial building. On receipt of Ext.P4 order, petitioner filed Ext.P6 appeal before the Tribunal for Local Self Government Institutions along with Ext.P7 application for stay. 3. While the matter is pending as above, petitioner apprehends that the respondents are taking hasty steps for the implementation of WPC 16623/08 :2 : Ext.P4 by demolishing a part of its structure and it is in this background this writ petition has been filed challenging Ext.P4 and seeking other appropriate reliefs. 4. Since the petitioner has already moved the Tribunal for Local Self Government Institutions by filing Ext.P6 appeal and Ext.P7 stay petition, I feel it is just and necessary that implementation of Ext.P4 should be deferred until the Tribunal takes a decision on the appeal filed by the petitioner. 5. Therefore, the writ petition is disposed of directing that the Tribunal shall expeditiously dispose of Ext.P6 appeal with notice to the petitioner and other parties. In the meanwhile, I direct that the respondents shall defer implementation of Ext.P4 until the appeal is decided by the Tribunal as above. Petitioner shall produce a copy of this judgment before the Tribunal for compliance. ANTONY DOMINIC,JUDGE. Rp