IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 1336 of 2005(H) ------------------------------------ PETITIONER: ------------------- N.VIJAYAN, CHANIYIL HOUSE, KOTHAVARA P.O., THALAYAZHAM, KOTTAYAM DISTRICT. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN RESPONDENTS: ----------------------- 1. THE THALAYAZHAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, THALAYAZHAM, KOTTAYAM DISTRICT. 2. THE SECRETARY, THALAYAZHAM GRAMA PANCHAYAT, THALAYAZHAM, KOTTAYAM DISTRICT. ADV. SRI.S.RADHAKRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.1336 of 2005 ---------------------------------------------- Dated 11th July, 2008. J U D G M E N T Petitioner is aggrieved by Exts.P4 and P10 minutes of the respondent Panchayat. The issue pertains to the steps taken by the Panchayat to recover damages from the petitioner. The damages pertain to the alleged occupation of Stall No.V and XII by the petitioner. It is the case of the Panchayat that pursuant to the interim order passed by this court, the petitioner was in possession and enjoyment of Stall No.V and XII. It appears to be factually incorrect, in view of the stand taken by the petitioner that the key of Stall No.V was never handed over to him. According to the petitioner, he occupied only Stall No.XII. Though such a contention is taken in the appeal, it appears the same is not considered by the appellate authority. I quash Ext.P10 with a direction to the appellate authority viz., the Committee to look into the specific contention taken by the petitioner that he occupied only Stall No.XII and not Stall No.V. Appropriate orders in accordance with law will be passed with notice to the petitioner within four months from the date of WP(C) NO.1336/2005 2 production of a copy of the judgment. Needless to say, there shall be no recovery till such time. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.1336 of 2005 ---------------------------------------------- J U D G M E N T Dated 11th July, 2008.