IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 7930 of 2010(M) ------------------------- PETITIONER(S): --------------- M/S.MIR REALTORS PVT.LTD, IST FLOOR, MM BUILDING, NEAR NORTH TOWN HALL, ERNAKULAM - 682 018 REPRESENTED BY ITS MANAGING DIRECTOR MR.ARUN KUMAR K. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. THRIKKAKARA GRAMA PANCHAYATH, KAKKANADU P.O., ERNAKULAM, KOCHI-30 REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, THRIKKAKARA GRAMA PANCHAYATH, KAKKANADU P.O., ERNAKULAM, KOCHI-30 SC FOR R1 SRI. SHANAVASKHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.7930 OF 2010 (M) -------------------------------------------------- Dated this the 11th day of March, 2010 J U D G M E N T Heard both sides. 2. Prayer sought in this writ petition is to direct the Panchayat to implement Ext.P7. Extr.P2 is a resolution of the Panchayat permitting the petitioner to do trenching work along the side of the road for laying cable, subject to the conditions mentioned therein. Subsequently, Panchayat passed Ext.P6 order based on Ext.P5 resolution, canceling Ext.P2. 3. Exts.P5 and P6 were called in question before the Tribunal for Local Self Government Institutions in Appeal No.759/09. By Ext.P7 order rendered on 12th October, 2009, the Tribunal allowed the appeal filed by the petitioner and directed the Panchayat was directed to act in accordance with Ext.P2. Panchayat challenged Ext.P7 before this court by filing W.P(c).No.36451/09. By Ext.P10 judgment rendered on 9th February, 2010, the writ petition was dismissed, which means the Panchayat has to implement Ext.P2. This is all the more so, since according to the petitioner they WPC.No. 7930/2010 :2 : have complied with the conditions specified in Ext.P2. 4. Complaint of the petitioner is that despite Exts.P7 and P10 Panchayat is still not implementing Ext.P2. As on date Ext.P10 judgment has become final between the parties and there is no appeal against the said judgment. This means the Panchayat is bound to implement Ext.P2. Therefore, the writ petition is disposed of directing the Panchayat to implement Ext.P2. This shall be done within 3 moths from the date of production of a copy of this judgment. (ANTONY DOMINIC) JUDGE vi/ The figure and word “3 months” occurring in the second sentence in the concluding paragraph of the judgment in WP(C).No.7930/2010 dated 11.03.2010 are corrected as “three weeks” as per order dated 25.03.2010 in I.A.No.4295/2010. Sd/- Registrar(Judicial)