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. 26047 of 2009(A) -------------------------------------- PETITIONER: ------------------- BINDU ABDUL SALAM, ELAVUNGAPARAMBL, VELIYATHUNADU KARA, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. MR.P.N.PURUSHOTHAMA KAIMAL. RESPONDENTS: ------------------------ 1. THE SECRETARY, KARUMALLOR GRAMA PANCHAYAT, KARUMALLOR P.O.,ERNAKULAM. 2. ASHRAF ALI, KALATHIL NADUVILAPARAMABIL, VELIYATHUNADU KARA, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. R1 BY ADVS. MR.NAGARAJ NARAYANAN, MR.SAIJO HASSAN, R2 BY ADV. MR.K.A.JALEEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26047/2009-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER ISSUED BY THE PANCHAYAT DTD. 26/09/2008. EXT.P.2: COPY OF THE INJUNCTION ORDER IN O.S. NO. 489/08 OF MUNSIFF COURT, ALUVA DTD. 13/01/2009. EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).NO.21187/09 OF HONOURABLE HIGH COURT OF KERALA DTD. 28/07/2009. EXT.P.4: COPY OF THE ORDER ISSUED BY PANCHAYAT DTD. 29/08/2009. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO R.1. DTD. 09/09/2009. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE MODIFIED ORDER IN I.A. 2597/2008 IN O.S. 489/2008 OF THE MUNSIFF'S COURT, ALUVA. EXT.R2.B: COPY OF THE JUDGMENT DTD. 08/04/2009 IN W.P.(C).NO.11854/2009 OF THIS HONOURABLE COURT. EXT.R2.C: COPY OF THE ORDER DTD. 27/11/2008 IN APPEAL NO. 533/2008 ON THE FILE OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.R2.D: COPY OF THE ORDER DTD. 29/05/2009 OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26047 of 2009-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of October, 2009. JUDGMENT Heard learned counsel for the petitioner and learned counsel for the second respondent. There was a certain dispute in relation to action taken by the first respondent Grama Panchayat against the second respondent. The Tribunal for LSGIs remitted that matter directing the panchayat to initiate fresh steps in accordance with law. Though the said order was issued on 27.11.2008, the panchayat has apparently not issued any final order on the matter. This lethargic approach of the panchayat resulted in the second respondent obtaining a direction from this Court in WP(C).21187/2009 to consider a representation for putting up a tin sheet roof for the building. Acting on the direction issued WPC26047/2009 -: 2 :- by this Court, the panchayat has now issued an order permitting such roofing without considering anything further on merits. I say this because, the impugned Ext.P4 is issued merely with reference to the order of this Court in WP(C). 21187/2009. Though the learned counsel for the second respondent would state that Ext.P4 was issued following orders of the Munsiff's Court, Ext.P4 does not reflect any such consideration. Under such circumstances, Ext.P4 is quashed and the panchayat Secretary is directed to take immediate action for re-consideration of the request of the second respondent for putting up a tin sheet roof and also for concluding proceedings on the basis of the orders of the Tribunal for LSGIs issued in Appeal No.533/2008. It is also clarified that the action of the panchayat and the Tribunal for LSGIs would be without prejudice to contentions of the parties before civil court. The panchayat will take into consideration all relevant materials. Let the needful be done within an outer limit of 45 days WPC26047/2009 -: 3 :- from the date of receipt of a copy of this judgment. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/131009