IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 34213 of 2009(V) -------------------------------------- PETITIONER(S): ----------------------- K.P. ABDUL KHADER HAJI, S/O.LATE HUSSAIN, K.P.HOUSE, KANDIKKALAPEDIKAYIL, MUKKUNNU, P.O.KUPPAM, TALIPARAMBA VIA, KANNUR DISTRICT -670 144. BY ADV. MR.T.SETHUMADHAVAN MR.PUSHPARAJAN KODOTH MR.K.JAYESH MOHANKUMAR RESPONDENT(S): ------------------------ PARIYARAM GRAMA PANCHAYAT,REPRESENTED BY ITS SECRETARY,P.O.C.POYIL, KANNUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.34213 of 2009-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of December, 2009. JUDGMENT Notice to the respondent is dispensed with preserving its right to seek re-hearing of this writ petition, if aggrieved by the directions being issued hereunder. The respondent initiated proceedings against the petitioner in relation to a building. That was set aside by the Tribunal for LSGIs as per Ext.P1 order. Direction was issued by the Tribunal to the respondent to issue show cause to the petitioner and to decide the issue after hearing the petitioner. Ext.P2 provisional order was, thereafter, served. The petitioner submitted Ext.P3 explanation. That is still pending, though filed in early October, 2009. The petitioner states that he is aggrieved by the pendency of WPC34213/09 -: 2 :- Ext.P3 and the non-finalisation of the proceedings because the situation has left the petitioner without the entitlement to occupy the building as the respondent is refusing to number the building in view of the pendency of the proceedings. Taking all facts and circumstances into consideration, it is ordered that the respondent will conclude the proceedings initiated as per Ext.P2 after giving the petitioner an opportunity of being heard. Let a final decision follow either way within a period of one month from the date of receipt of a copy of this judgment. It is clarified that this judgment does not touch on the merits of the matter and the respondent will decide the issue untrammelled by anything stated in this judgment. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1612