IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WA.No. 286 OF 2010() AGAINST THE ORDER IN WPC.16367/2009 Dated 28/08/2009 APPELLANT: PETITIONER V.C.THOMAS,S/O. VARGHESE CHERIAN, VADAKKEKARAYATHU HOUSE,ULANADU P.O., KULANADA VILLAGE, KOZHENCHERRY TALUK. PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ RESPONDENTS/RESPONDENTS: 1. KULANADA PANCHAYAT REPRESENTED BY ITS SECRETARY. 2. KUDUMBASREE CDS, KULANADA GRAMA PANCHAYAT REPRESENTED BY ITS CHAIRPERSON. 3. SUMA CHERIAN,D/O. T.S. CHERIAN, TUNDIMELETHIL, SUMA BHAVAN, ULANADU P.O., KULANADA. 4. REMYA SURENDRAN, D/O.SURENDRAN, ALAPPURATHU HOUSE, ULANADU P.O., KULANADA. 5. THE DISTRICT FISHERIES OFFICE, PATHANAMTHITTA. 6. MATHRUKA MALSYAKRISHI FARM, ULANADU, REPRESENTED BY ITS CHAIRPERSON, SUMA CHEIRAN, D/O.T.S.CHERIAN, ULANADU., KULANADA. ADV. SRI.C.S.MANILAL FOR R1 SR. GOVT. PLEADER SMT. K. MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN Ag. CJ & C.N. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = = = = W.A. NO. 286 OF 2010 = = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF MARCH, 2010. J U D G M E N T Raman, Ag. CJ. In the writ petition filed by the appellant, the learned Single Judge has passed the present order in continuation of an earlier order, monitoring the right to harvest the fish by Kudumbasree as notified in Ext.P1. However, finding suppression of fact, appellant was directed to pay an amount of Rs. 25,000/- each as costs to the two Kudumbasree units. 2. It is contended by the appellant that there is no suppression of any fact and the writ petition is still pending and if it was a frivolous writ petition, the court would have dismissed the same in limini. He made an attempt to convince us that there is no such suppression. According to the Panchayat, they are also moving for necessary modification of the order. 3. Having considered the submission made by the learned counsel for the appellant and since the writ petition itself is still pending, we feel that it would be more appropriate to consider as to whether any cost should be awarded or not at the final stage. In that view of the matter, recovery of WA 286/2010 2 the cost awarded will stand deferred till the disposal of the writ petition by the learned Single Judge. The writ appeal is disposed of as above. P.R. RAMAN, (Ag. CHIEF JUSTICE) C.N. RAMACHANDRAN NAIR, (JUDGE). knc/-