High Court Kerala High Court

P.K.Jayaprakash vs State Of Kerala Represented By … on 29 November, 2006

Kerala High Court
P.K.Jayaprakash vs State Of Kerala Represented By … on 29 November, 2006
       

  

  

 
 
  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.

                            -------------------------------

                         W.P.(C) No. 31650 OF 2006

                          -----------------------------------

                 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