IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 34434 of 2010(D) -------------------------- PETITIONER: --------------- ST.RAPHAEL'S CHURCH LAYMEN'S ASSOCIATION REGD.NO.A-61/09, EP-XIV/448, EZHUPUNNA - 688548 REPRESENTED BY ITS SECRETARY, M.K.VAKKACHAN, MOONJARATHARA, EZHUPUNNA. BY ADV. SRI.BABU PAUL RESPONDENTS: --------------- 1. THE EZHUPUNNA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, EZHUPUNNA P.O., 688548, ALAPPUZHA. 2. ST.RAPHAEL'S CHURCH, EZHUPUNNA, REPRESENTED BY ITS VICAR, FR.BASIL PUNCHAPUTHUSSERY, EZHUPUNNA P.O., 688548, ALAPPUZHA (DIST). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34434 OF 2010 -------------------------- Dated this the 16th day of November, 2010 J U D G M E N T The petitioner is a registered association formed with the object of preserving St.Raphel's Church, Ezhupunna from demolition and ruins. Aggrieved by a building being put up by the said Church, the petitioner filed a complaint before the Secretary of Ezhupunna Grama Panchayat. Acting on that complaint, the Secretary of Ezhupunna Grama Panchayat issued a provisional order dated 9.9.2010 calling upon the second respondent to show cause why the said order should not be made absolute. The grievance voiced by the petitioner is that though nearly two months have passed after the provisional order under section 235W(2) of the Kerala Panchayat Raj Act was issued, till date, the Secretary has not passed final orders in the matter. In this writ petition the petitioner seeks a direction to the first respondent to pass final orders under section 235W (2) of the Kerala Panchayat Raj Act within a time limit to be fixed by this Court. 2. Ext.P1 provisional order discloses that it was passed on 9.9.2010. Nearly two months have passed thereafter. The WPC No.34434/2010 2 provisional order sets out the violations in the construction of the disputed structure. In such circumstances, I am of the opinion that the first respondent should finalise the proceedings initiated by him under section 235W (2) of the Kerala Panchayat Raj Act and pass final orders expeditiously. I accordingly dispose of this writ petition with a direction to the first respondent to pass final orders under section 235W (2) of the Kerala Panchayat Raj Act after notice to and affording the second respondent a reasonable opportunity of being heard expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before the Secretary of Ezhupunna Grama Panchayat. P.N.RAVINDRAN, (JUDGE) vps WPC No.34434/2010 3 WPC No.34434/2010 4