Bharat Sanchar Nigam Limited vs Thazhakkara Grama Panchayath on 24 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1680 of 2008()


1. BHARAT SANCHAR NIGAM LIMITED, A
                      ...  Petitioner

                        Vs



1. THAZHAKKARA GRAMA PANCHAYATH,
                       ...       Respondent

2. SECRETARY,

3. K.J. JOSEPH, S/O. OUSEPH MATHAI,

4. MURALI THAZHAKKARA,

5. OOMMEN NINAN, S/O. NINAN,

                For Petitioner  :SRI.MATHEWS K.PHILIP,SC, BSNL

                For Respondent  :SRI.C.V.MANUVILSAN

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

 Dated :24/09/2008

 O R D E R
                  H.L.DATTU, C.J. & A.K.BASHEER, J.
                         -------------------------------------------
                              W.A.No.1680 of 2008
                         -------------------------------------------
                  Dated, this the 24th day of September, 2008

                                 JUDGMENT

H.L.Dattu, C.J.

Ext.P2 is an order/resolution passed by the first respondent

Grama Panchayat. Aggrieved by that order, the appellant was before this

Court in W.P.(C) No.6021 of 2008. The learned Single Judge by his

orders dated 1st of April, 2008 has rejected the writ petition. That is how

the petitioner in the writ petition is before us in this writ appeal.

(2) The matter is posted for admission today. Learned

counsel appearing for the appellant seeks permission of the Court to

withdraw the writ appeal with liberty to the appellant to approach the first

appellate authority against Ext.P2 order/resolution passed by the Grama

Panchayat.

(3) In our opinion, if the request made by the learned

counsel for the appellant is granted, it would not cause any prejudice to

anyone of the parties in the writ petition or in the writ appeal. Therefore,

we dispose of the writ appeal as under:

ORDER

i) Writ appeal is disposed of as withdrawn.

ii) The appellant is permitted, if it so desires, to approach the

W.A.No.1680 of 2008
2

first appellate authority, if for any reason it is aggrieved by Ext.P2

order/resolution passed by the Grama Panchayat. If for any reason, the

appellant files an appeal, the appellate authority would decide the same in

accordance with law untrammelled by any observations made by the

learned Single Judge while disposing of the writ petition.

iii) All the contentions of both the parties are left open.

(4) In view of the order passed in the writ appeal the relief

sought for in I.A.No.856 of 2008 need not be considered at this stage.

Accordingly, the said application is rejected.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE
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