IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 23614 of 2011(B) --------------------------------------- PETITIONER(S): ----------------------- JOHN THOMAS, S/O.THOMAS VARGHESE, KALAIKATTIL HOUSE, KAVIYOOR VILLAGE, VALLAMKULAM EAST P.O., THIRUVALLA-689 541, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.M.ANDREWS RESPONDENT(S): ------------------------- 1. KAVIYOOR SLEEBA MALANKARA ORTHODOX CHURCH, REPRESENTED BY ITS VICAR REV. FR. C.K.KURIAN, THOTTABHAGAM, THIRUVALLA-689 541, PATHANAMTHITTA DISTRICT. 2. REV. FR.C.K. KURIAN, VICAR, KAVIYOOR SLEEBA ORTHODOX CHURCH, THOTTABHAGAM, THIRUVALLA-689 541, PATHANAMTHITTA DISTRICT. 3. KURIAN MAMMEN ALIAS KURIACHAN MELAKAYIL, 'MELAKAYIL THOTTATHIL', MANJADI P.O., THIRUVALLA-689 105. 4. THE VILLAGE OFFICER, KAVIYOOR VILLAGE THIRUVALLA, PATHANAMTHITTA DISTRICT-689 105. 5. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA DISTRICT-689 105. 6. THE TAHSILDAR, THIRUVALLA PATHANAMTHITTA DISTRICT-689 105. R3 BY ADV. SRI.P.HARIDAS. R4 TO R6 BY GOVT. PLEADER MR.JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 23614 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE REPORT NO.370/10 DATED 14/12/2010 SUBMITTED BY THE VILLAGE OFFICER BEFORE THE 5TH RESPONDENT. EXHIBIT P2: TRUE COPY OF THE PROHIBITORY ORDER NO.369/10 DATED 14/12/2010 ISSUED BY THE VILLAGE OFFICER. EXHIBIT P3: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE TAHSILDAR AS COMPLAINT NO.C8-14354/2010. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 23614 of 2011 B ``````````````````````````````````````````````````````````` Dated this the 18th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Grievance of the petitioner is regarding the inaction on the part of the sixth respondent on Ext.P3 complaint made by him, alleging encroachment into a public road by respondents 1 to 3. 2. Learned Government Pleader has confirmed the receipt of Ext.P3 complaint. Although respondents 1 to 3 seek further time to file a counter affidavit, having regard to the fact that the matter is pending consideration of the statutory authority, the sixth respondent, it is unnecessary for this Court to keep the writ petition pending or enquire into the merits of the controversy. Therefore, I dispose of this writ petition, leaving the contentions of both sides open and directing that the sixth respondent shall decide on Ext.P3, with notice to the parties W.P.(C) No.23614/2011 : 2 : concerned and in accordance with law. Such a decision shall be taken, at any rate, within eight weeks from the date of production of a copy of this judgment. Sd/- (ANTONY DOMINIC, JUDGE) aks/18/11 // True Copy // P.A. To Judge