IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WA.No. 1918 of 2009 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.23314/2009 Dated 14/08/2009 .................... APPELLANT/PETITIONER: ------------------------------------- E.R.GOERGE, ELANTHATTIL HOUSE NANTHANATH KOCHACKO ROAD, THAMMANAM.P.O., KOCHI-682032. BY ADV. SRI.M.R.NANDAKUMAR SRI.SAIBY JOSE KIDANGOOR RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 2. CORPORATION OF KOCHI, REP. BY ITS SECRETRY, ERNAKULAM. 3. THE TAHSILDAR, KANAYANNUR TALUK,KOCHI. 4. THE VILLAGE OFFICER, EDAPPALLY SOUTH VILLAGE, EDAPPALLY. 5. JOSEPH PETER, PALLATH HOUSE, NANTHANATH KOZHACKO ROAD, THAMMANAM.P.O., KOCHI-682032. NOW RESIDING AT GALAXY MANOR, THAMMANAM. R1,R3 & R4 BY SR.GOVERNMENT PLEADER SMT.K.MEERA ADV. SRI.N.SUBRAMANIAM FOR R5 SRI.M.S.NARAYANAN FOR R5 SRI.P.T.GIRIJAN FOR R5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1918 OF 2009 AND I.A. No. 1040 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2009 JUDGMENT Basheer, J. Having heard learned counsel for the appellant and respondent No.5, it may not be proper to stay all further proceedings pursuant to Annexure (B) as prayed for by the petitioner. However, we make it clear that the construction, if any, that may be carried on by respondent No.5 will be subject to the result of the appeal stated to be pending before the Tribunal. In view of the interim order passed above in the application filed by the petitioner, it is agreed by learned counsel on both sides that no further orders are necessary in this Writ Appeal. Therefore, the Writ Appeal is also closed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No. -:2:-