IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 28230 of 2009(W) -------------------------- PETITIONER(S): --------------- KURIAN, S/O.KUNJU VAREED, AGED 60 YEARS, THEKKANATH HOUSE, CHANGAMANAD KARA, CHANGAMANAD VILLAGE, ALUVA. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY (LOCAL SELF GOVERNMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. M/S.CHANGAMANADU GRAMA PANCHAYAT, PUTHUVASSERY, NEDUMBASSERY P.O., REP.BY ITS SECRETARY. 3. THE PRESIDENT, CHENGAMANAD GRAMA PANCHAYAT, PUTHUVASSERY, NEDUMBASSERY P.O. 4. T.V.ANTONY @ ANTHOEY, S/O.KUNJUVAREED, AGED 55 YEARS, THEKKANATH HOUSE, CHANGAMANAD KARA, CHANGAMANAD VILLAGE, ALUVA. R1 BY GOVT.PLEADER SRI.I.V.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28230 of 2009-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of October, 2009. JUDGMENT Notice to respondents 2 to 4 is dispensed with preserving their right to seek re-hearing of this writ petition, if aggrieved by the directions being issued hereunder. The petitioner was issued Ext.P2 dated 29.8.2009. He says that he had objected to that and had also issued Ext.P3 intimating the panchayat of his desire to have a suit filed to determine the boundaries of the petitioner's property and the panchayat property. Whatever that be, Ext.P2 cannot be immediately followed by any demolition proceedings unless the petitioner is heard and issued a decision on the question as to his alleged construction as stated in Ext.P2. Hence, it is ordered that no proceedings pursuant to WPC28230/09 -: 2 :- Ext.P2 shall be concluded without hearing the petitioner and without giving him a copy of the decision which is ultimately taken by the competent authority following Ext.P2. To enable this, it is ordered that the petitioner shall not be dispossessed until the aforesaid decision is rendered, at any rate, for a period of three weeks from now. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/131009