IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 11013 of 2011(B) ---------------------------------- PETITIONER(S): ------------------- BIJU.C.R., AGED 28 YEARS, W/O.SHYAMKUMAR, CHALAKUZHIYIL, (CHARUVUPARAMBIL) VAZHAPPALLY EAST, CHANGANCHERRY-3. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENT(S): --------------------- 1. THE SECRETARY, CHANGANACHERRY MUNICIPALITY, CHANGANACHERRY-686 101. 2. THE MUNICIPAL COUNCIL, CHANGANASSERY MUNICIPALITY REPRESENTED BY ITS CHAIRPERSON-686 101. 3. ROSAMMA, MANAKKADETHU PARAMBIL, VAZHAPPLLY EAST, CHANGANASSERY-686 103. 4. BABY, MANAKKADATHUPARAMBIL, VAZHAPPALLY EAST, CHANGANSSERY-686 103. 5. VIJAYAMMA, MANAKKADETHU PARAMBIL, VAZHAPPALLY EAST, CHANGANASSERY-686 103. 6. SUMATHY @ SUSHEELA, MANAKKADATHU PARAMBIL, CHANGANASSERY-686 103. R1 BY ADVS. SRI.PHILIP J.VETTICKATTU SRI.SIBY MATHEW R3-6 BY ADV. SRI.D.SAJEEV THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 11013/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN WPC.NO.35186/2008(L)DTD.19/01/09. P2: COPY OF THE ORDER NO.6-4-11437/08 DATED 26/10/2009 OF THE 1ST RESPONDENT. P3: COPY OF THE ORDER DATED 02/12/2009 OF THE HONOURABLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. P4: COPY OF THE APPEL DATED 08/12/2009 BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 11013 of 2011 --------------------------------------- Dated this the 19th day of July 2011. JUDGMENT The writ petition is filed seeking to quash Ext.P2 order and for a direction directing the first respondent to evict respondents 3 and 4 from the Municipal Road mentioned in prayer no.2 and for a direction directing the 2nd respondent to consider and dispose of Ext.P4 appeal. 2. When the matter was taken up for consideration today, the learned counsel for the petitioner submits that Ext.P4 appeal challenging Ext.P2 order is pending consideration before the 2nd respondent. The learned counsel requests this court to issue a direction to the 2nd respondent to consider and dispose of Ext.P4 within the time frame to be fixed by this court. W.P.(C) No.11013 of 2011 2 3. In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider and dispose of Ext.P4 appeal in accordance with law after affording an opportunity of being heard to the petitioner and respondents 3 to 6.The appeal shall be disposed of as expeditiously as possible at any rate within a period of 3 months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment to the 2nd respondent within 10 days from today. HARUN-UL-RASHID JUDGE al