IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 31650 of 2006(P)
1. P.K.JAYAPRAKASH,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY SECRETARY
... Respondent
2. GEOLOGIST,
3. KUNNAMTHANAM GRAMA PANCHAYATH
4. SECRETARY OF THE GREEN CHANNEL COMMITTEE
For Petitioner :SRI.P.HARIDAS
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :29/11/2006
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 31650 OF 2006
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Dated this the 29th day of November, 2006
JUDGMENT
Sri.P.Haridas, learned counsel for the petitioner has addressed
me in detail and my attention was drawn to the various exhibits placed
on record. I have also heard the submissions of Sri.Mathew G.
Vadakkel, learned Government Pleader, who has taken notice on behalf
of the 1st respondent. I am fairly convinced that the Panchayat was not
justified in relying mainly on the complaint submitted by Sri.
P.K.Kochukunju dt.10.11.06.
However, I do not propose to decide the issue finally since it is
seen that an appeal preferred by the petitioner as Ext.P14 is pending
before the 4th respondent-Green Channel Committee. The 4th
respondent will immediately take up Ext.P14, hear the petitioner and all
concerned parties and dispose of the same in accordance with law at
their earliest and at any rate within three months of receiving a copy of
this judgment and together with copies of various exhibits. In view of the
above directions and in view of the prima facie case made out before
me, Ext.P13 will stand stayed till such time as a decision is taken by the
4th respondent on Ext.P14.
The Writ Petition is disposed of as above.
PIUS C. KURIAKOSE, JUDGE
btt
WPC 2