IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 W.A.No. 1758 of 2008 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.21377/2008 DATED 07/08/2008 .................... APPELLANT/PETITIONER: ------------------------------------- A.T.MATHEW, ELAMPLASSERIYIL HOUSE, MOONILAVU PO., KOTTAYAM DISTRICT. BY ADV. SRI.HAREESH.M RESPONDENT/RESPONDENT: ------------------------------------------- THE MOONILAVU GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MOONILAVU PO., KOTTAYAM DISTRICT. BY ADV.SRI. GEORGEKUTTY MATHEW THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A. No. 1758 of 2008 ------------------------------------------ Dated, this the 17th day of September, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.21377 of 2008 dated 7th August, 2008. (2) The appellant is primarily aggrieved by the last portion of the order passed by the learned Single Judge, wherein the learned Judge has only observed that in view of the order passed by the State Government dated 1.7.2008 staying Ext.P15, it may not be proper for him to direct the respondent Grama Panchayat to assign new building number to the ground floor of the building said to have been constructed by the petitioner. (3) In fact, the learned Single Judge, in our opinion, has granted all the reliefs sought for by the petitioner in the writ petition, but has refused to direct the Grama Panchayat to implement its resolution Ext.P15. The learned Judge is of the opinion that since the matter is now before the State Government and in view of the order passed by the State Government granting an interim order of stay of Ext.P15, it may not be proper for him to direct the Grama Panchayat to implement Ext.P15. (4) In our view, the learned Judge is fully justified in making the aforesaid observations. It is now for the appellant to move the W.A.No.1758 of 2008 2 State Government to modify/vacate the interim order passed by them on 1.7.2008 by making an appropriate application. If and when such an application is made, it is for the State Government to consider that application and pass appropriate orders in accordance with law. (5) We do not see any error in the orders passed by the learned Single Judge which would call for our interference in appeal. Therefore, the writ appeal requires to be rejected and it is rejected. (6) Consequently, I.A.No.808 of 2008 stands rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns/dk