IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 5400 of 2011(Y) -------------------------------- PETITIONER(S): ------------------- FR.JERALD CECIN, AGED 30 YEARS, S/O.MARIYA DAS, VADAKARAPATHY, CHUNNAMBUKKAL THODU, KOZHIPARA, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): -------------------- 1. VADAKARAPATHY GRAMA PANCHAYATH, REPRESENTED BY ITS SPECIAL GRADE SECRETARY, KOZHIPPARA, PALAKKAD DISTRICT-678 557. 2. THE DISTRICT COLLECTOR, PALAKKAD, PIN 678 001. 3. THE DISTRICT OFFICER, KERALA GROUND WATER AUTHORITY, PALAKKAD, PIN 678 001. R1 BY ADV. SRI.A.R.GANGADAS R2 & R3 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.5400/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE WILL NO.53/2006 DATED 30/08/2006. P2: COPY OF THE DEATH CERTIFICATE ISSUED BY THE GOVERNMENT OF TAMIL NADU. P3: COPY OF THE RECEIPT ISSUED BY THE VILLAGE OFFICER VOUCHING THE PAYMENT OF BY BEARING NO.5752104 DATED 30/04/2010. P4: COPY OF THE POSSESSION CERTIFICATE OF THE VILLAGE OFFICER DATED 22/10/2009. P5: COPY OF THE PROCEEDINGS OF THE AE, KSEB, CHITTUR NIL DATED P6: COPY OF THE PERMIT ISSUED BY THE 3RD RESPONDENT IN FORM NO.4 ON 02/06/2010. P7: COPY COF THE STOP MEMO DATED 21/12/2010 ISSUED BY THE 1ST RESPONDENT. P8: COPY OF THE REPRESENTATION DATED 21/12/2010 SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR. RESPONDENT'S EXHIBITS: R1(a):COPY OF THE REPRESENTAION SUBMITTED BY THE RESIDENTS OF NALLUR ON 21/12/2011. R1(b):COPY OF THE DECISION OF THE STANDING COMMITTEE. /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 5400 of 2011 --------------------------------------- Dated this the 13th day of October 2011. JUDGMENT The writ petition is filed seeking to quash Ext.P7 and for a direction commanding the first respondent not to obstruct the petitioner from completing the bore well work as permitted by Ext.P6. 2. When the matter was taken up for consideration today, learned counsel for the petitioner submits that Ext.P7 order was passed by the Panchayat without hearing him and without affording an opportunity to substantiate his contentions. Learned counsel for the petitioner submits that Ext.P8 representation is pending consideration before the 2nd respondent and requests this Court that a direction may be issued to the 2nd respondent to consider and pass orders on Ext.P8 representation. 3. In the facts and circumstances of the case, this Court direct W.P.(C) No.5400/2011 2 the 2nd respondent to consider and pass appropriate orders on Ext.P8 representation within a period of 6 weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner, Panchayat and other affected parties, if any. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al