IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WA.No. 508 of 2010 ------------------------- AGAINST THE JUDGEMENT IN WPC.33311/2009 Dated 15/01/2010 .................... APPELLANT/3RD RESPONDENT: ---------------------------------------------- THE PRESIDENT, EZHUPUNNA GRAMA PANCHAYATH, ERAMALLUR P.O., CHERTHALA, RESIDING AT MUKKUDITHARA HOUSE, EZHUPUNNA P.O., ALAPPUHA DISTRICT. BY ADV. SRI.N.RADHAKRISHNAN RESPONDENTS/PETITIONER & RESPONDENTS: ------------------------------------------------------------------- 1. K.P.RENADEVAN, REJIN NIVAS, EZHUPUNNA P.O., CHERTHALA. 2. THE DEPUTY SUPERINTENDENT OF POLICE, DY.S.P. OFFICE, CHERTHALA. 3. THE SUB INSPECTOR OF POLICE, AROOR POLICE STATION, AROOR. 4. MR.SUKUMARAN, THACHAVEETILKALA, EZHUPUNNA P.O., EPW-2, CHERTHALA. 5. MR.JEEVAN, PUTHENVELIL, EZHUPUNNA P.O. EPW-2, CHERTHALA. 6. MR.MANOJ, PEREPARAMBU, EZHUPUNNA PO EPW-12, CHERTHALA. 7. EZHUPUNNA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ERMALLUR PO, CHERTHALA. 8. THE SECRETARY, EZHUPUNNA GRAMA PANCHAYAT, ERAMALLUR PO, CHERTHALA. R1 BY ADV.SRI.SEBASTIAN DAVIS R2 & R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R4 TO R6 BY ADV.SRI.P.C.SASIDHARAN R7 & R8 BY ADV.SRI.P.N.PURUSHOTHAMAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & K.Balakrishnan Nair, J. ------------------------------------------ W.A.No508 of 2010 ------------------------------------------ Dated this the 30th day of March, 2010 JUDGMENT K.Balakrishnan Nair, J. The appellant who is the President of Ezhupunna Grama Panchayat challenges the judgment of the learned Single Judge in this writ appeal to the extent he has been made personally liable to pay the costs to the first respondent/writ petitioner. The relevant portion of the judgment under appeal reads as follows: “(iii). Since the Panchayat, its President and Secretary are responsible for the decisions taken and the manner in which the decisions have been implemented, Panchayat, its President and Secretary are directed to pay Rs.25,000/- each to the petitioner as costs. The costs payable by the President and Secretary shall be paid by them personally. Payment shall be made within four weeks of production of a copy of this judgment.” 2. The Grama Panchayat and Secretary of the Panchayat have filed W.A.No.474 of 2010 against the said judgment. Though the appeal was dismissed, the personal liability of the Secretary to pay the costs was W.A. No.508 of 2010 - 2 - deleted. It was ordered that the costs shall be paid by the Panchayat, the first appellant in the writ appeal. 3. Learned counsel for the appellant prays that the said benefit may be extended to the appellant herein also. The first respondent does not have any objection in following this course of action. In the result, it is ordered that the costs ordered to be paid by the learned Single Judge shall be paid by the Grama Panchayat and not by the appellant personally. Writ appeal is disposed of as above. J.Chelameswar, Chief Justice K.Balakrishnan Nair, Judge vns