IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 15707 of 2008(T) -------------------------- PETITIONER: -------------- KRISHNANKUTTY, S/O.LATE ERIYATHAN, AGED 57 YEARS, CHUDALAKUNNUMMAL HOUSE, EARPONA PO., THACHAMPOYIL, KEDAVOOR VILLAGE, KOZHIKODE. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------------ 1. THAMARASSERY GRAMA PANCHAYAT, REP. BY ITS SECRETARY, OFFICE OF TGHE THAMARASSERY GRAMA PANCHAYAT, THAMARASSERY PO., KOZHIKODE. 2. THAMARASSERY GRAMA PANCHAYAT COUNCIL, RE P. BY ITS PRESIDENT, O/O. THE THAMARASSERY GRAMA PANCHAYAT, THAMARASSERY PO., KOZHIKODE. 3. P.P.M.MOOSA HAJI, POONTHOTTAM POYIL, EARPONA PO., THACHAMPOYIL, KEDAVOOR VILLAGE KOZHIKODE. 4. THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KOZHIKODE. BY ADV. SRI.A.SUDHI VASUDEVAN FOR R4 SRI.T.G.RAJENDRAN FOR R3 SRI.V.V.SURENDRAN FOR R.1,2 SRI.P.A.HARISH FOR R.1,2 SRI.V.R.JAIKRISHNAN FOR R.1,2 SRI.M.K.CHANDRAMOHANDAS, SC FOR PCB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15707/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER BEARING NO.B.3-1149/98 DT.1.2.2008 ISSUED BY THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE ORDER DT.8.2.2008 IN WP(C) NO.33825/2007 OF THIS HON'BLE COURT. EXT.P3: TRUE COPY OF THE JUDGMENT DT.19.3.2008 IN WPC NO.5549/2008 OF THIS HON'BLE COURT. EXT.P4: TRUE COPY OF THE RESOLUTION BEARING NO.120 DT.27.3.2008 OF THE 2ND RESPONDENT. EXT.P4(a): TRUE COPY OF THE ORDER NO.B-111/98-99 DT.30.4.2008 PASSED BY THE SECRETARY OF THE 1ST RESPONDENT. EXT.P4(b): TRUE COPY OF THE REPRESENTATION DATED 14.4.2008 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE 1ST RESPONDENT WITH ITS COPY TO THE SECRETARY. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 5.5.2008 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 15707 OF 2008 T ==================== Dated this the 11th day of June, 2008 J U D G M E N T Non implementation of Exts. P4 and P4(a) decisions of the 1st respondent Panchayat is the complaint raised in the writ petition and what is sought for is a direction to the Panchayat to implement the aforesaid decisions. 2. Notice was served on the respondents by special messenger and the counsel appearing for the respondents 1 and 2 has made available before me a copy of the order dated 21st of May, 2008 passed by the Tribunal for Local Self Government Institutions in IA 502/08 in Appeal No.247/08 filed by the 3rd respondent staying further action on Exts. P4 and P4(a). 3. In view of the order as above, the Panchayat cannot be faulted for the non implementation of Exts. P4 and P4(a). Writ petition is only to be dismissed and I do so. ANTONY DOMINIC,JUDGE. Rp