Parthasaradhy Properties … vs Maradu Grama Panchayath on 10 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2360 of 2008()



1. PARTHASARADHY PROPERTIES PRIVATE LTD.
                      ...  Petitioner

                        Vs

1. MARADU GRAMA PANCHAYATH
                       ...       Respondent

                For Petitioner  :SRI.SREELAL N.WARRIER

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :10/12/2008

 O R D E R
                H.L.DATTU, C.J. & A.K.BASHEER, J.
               -----------------------------------------------------
                            W.A.No.2360 of 2008
                   ----------------------------------------------
               Dated, this the 10th day of December, 2008

                                 JUDGMENT

H.L.Dattu, C.J.

This writ appeal is directed against the orders passed by

the learned Single Judge in W.P.(C) No.33458/2008 dated 17.11.2008.

2. Ext.P10 order passed by the Secretary, Maradu Grama

Panchayat dated 10.10.2008 was the subject matter of writ petition filed

by the petitioner. The learned Single Judge, has disposed of the writ

petition by directing the Secretary of the Maradu Grama Panchayat to

consider Exts.P7 and P9 objections filed by the petitioner and pass

appropriate orders in accordance with law.

3. Having gone through Ext.P10 (Stop Memo) and the

orders passed by this Court, we are of the firm opinion that, the learned

Single Judge has not committed any error, whatsoever, while disposing

of the writ petition.

4. However, we only add to the directions already issued

by the learned Single Judge, that, the petitioner is at liberty to file yet

another objection, if he so desires, within two day’s time from today. If

W.A.No.2360/2008 -2-

such an objection is filed within the time granted by this Court, the

Secretary, Maradu Grama Panchayat will take a decision after

considering Exts.P7 and P9 and also the objection that may be filed, and

pass a speaking order in accordance with law. We also make it clear

that, the Secretary will take an independent decision without being

influenced by any one of the directions or orders issued by any superior

authority. The Secretary will take such a decision as expeditiously as

possible, at any rate within two weeks’ time from today.

The Writ Appeal is disposed of as above.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE

MS