IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 7853 of 2007(I) ---------------------------------- PETITIONER: ------------------ FATHIMA NAZAR, W/O.V.A.NAZAR,MOOTHEDATH PARAMBU HOUSE,KAVANOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ----------------------- 1. THE KAVANOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,KAVANOOR, MALAPPURAM DISTRICT. 2. THE SECRETARY,AREACODE BLOCK PANCHAYATH AREACODE,MALAPPURAM DISTRICT. 3. THE DISTRICT COLLECTOR,MALAPPURAM. 4. THE DISTRICT MEDICAL OFFICER (ISM), MALAPPURAM. ADV. SRI.K.M.SATHYANATHA MENON FOR R1 R3 & R4 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kurian Joseph, Ag. C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.P.(C) No.7853 of 2007 ------------------------------------------ Dated this the 28th day of January, 2010 JUDGMENT Kurian Joseph, Ag. C.J. This writ petition is filed with the following prayers: i) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the second respondent not to proceed with the construction of the building of the Government Ayurveda Dispensary other than the place suggested by the first respondent as per Exhibits P1 and P2; ii) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the 3rd respondent to expedite the handing over of .065 hectors of properties comprised in R.S.No.288/4 of the Kavanoor Village to the first respondent; iii) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the second respondent not to construct the Elayoor Government Ayurveda Dispensary in any other place other than the properties comprised in R.S.No.288/4 of the Kavanoor Village.” W.P.(C) No.7853 of 2007 - 2 - 2. According to the learned Standing Counsel for the first respondent Grama Panchayat and the learned Government Pleader, steps had already been taken to demarcate 10 cents of land for the purpose of the dispensary and foundation stone also was laid for the purpose of construction. It is the case of the petitioner who is a member of the Grama Panchayat representing Ward No.XV that the Grama Panchayat had thereafter taken a resolution resolving to request the Government for shifting the place. It is unfortunate that the development work is delayed owing to the difference of opinion among the members of the Grama Panchayat. 3. Be that as it may, it is seen that a representation is pending before the Secretary to Government, Health Department. There will be a direction to the petitioner and the first respondent and also the President of the Areacode Block Panchayat to be present before the Secretary to Government, Health Department along with a copy of this judgment and a copy of the writ petition on 8.2.2010. The Secretary to Government, Health Department shall thereafter W.P.(C) No.7853 of 2007 - 3 - pass appropriate orders on the representation in accordance with law within another one week. Writ petition is disposed of as above. Kurian Joseph, Ag. Chief Justice Thottathil B.Radhakrishnan, Judge vns