IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 9209 of 2008(U) ------------------------- PETITIONER: --------------- A.T.SASIDHARAN NAIR AGED 54 YEARS, S/O THANKAPPAN NAIR KOCHUKALAYIL CHERUKOL MURI CHERUKOL VILLAGE, CHERUKOL P.O. NARANGANAM, PATHANAMTHITTA DISTRICT BY ADV. SRI. K.SHAJ SRI.B.BALRAJ SRI.SAJJU.S RESPONDENTS: ------------- NARANGANAM GRAMA PANCHAYATH REP. BY ITS SECRETARY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 9209 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 JUDGMENT The petitioner who has been issued with Ext.P2 notice by the Panchayat has submitted Ext.P3 explanation to Ext.P2. The petitioner apprehends that even before the proceedings initiated under Ext.P2 is finalised, the Panchayat is likely to enforce the order of demolition. 2. Ext.P2 which is sought to be quashed is only a provisional order/show cause notice. To Ext.P2 petitioner has submitted Ext.P3. It is only appropriate that the Panchayat hears the petitioner on Ext.P3 before decision is taken as to whether the proceedings initiated under Ext.P2 should be finalised. I therefore dispose of this writ petition in the following terms: The first respondent is directed to consider Ext.P3, hear the petitioner and then decide whether the proceedings seen initiated under Ext.P2 should be finalised. Decision as directed above will be taken by the Panchayat at the earliest and at any rate within one month of WPC.No.9209/08 2 receiving a copy of this judgment. Till such time as decision is taken and communicated to the petitioner, the Panchayat will not demolish the building in question. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.9209/08 2