P.C.Thomas vs The State Of Kerala
2022 Latest Caselaw 12531 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                  WP(C) NO. 10191 OF 2012
PETITIONER/S:

    1     P.C.THOMAS
          S/O LATE P.C. CHERIAN, PULARICKAL HOUSE,
          PURAMATTOM P.O, MALAPPALLY TALUK,
          PATHANAMTHITTA DISTRICT, REP. BY HIS POWER OF
          ATTORNEY HOLDER SUNNY MATHEW,     S/O MATHEW
          JOSEPH, CHAMAKALAYIL HOUSE, KANAKKARY P O,
          MEENACHALIL TALUK, KOTTAYAM.
    2     JOYAMMA THOMAS
          W/O P.C. THOMAS, PULARICKAL HOUSE, PURAMATTOM
          P.O, MALAPPALLY TALUK, PATHANAMTHITTA DISTRICT,
          REP. BY HIS POWER OF ATTORNEY HOLDER SUNNY
          MATHEW, S/O MATHEW JOSEPH,
          CHAMAKALAYIL HOUSE, KANAKKARY P O,
          MEENACHALIL TALUK, KOTTAYAM.
          BY ADV SRI.G.SREEKUMAR (CHELUR)


RESPONDENT/S:

    1     THE STATE OF KERALA
          REP. BY THE SECRETARY TO THE GOVT.
          LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.
          SECRETARIAT, THIRUVANANTHAPURAM-695001.
    2     THE ERAVIPEROOR GRAMA PANCHAYATH
          REP. BY ITS SECRETARY, KOZHIMALA PO,
          ERAVIPEROOR, PATHANAMTHITTA DISTRICT-689 541.
    3     GEORGE PHILIP
          S/O.E.V.PHILIP, EDACKAMANNIL HOUSE,
          ERAVIPEROOR MURI, ERAVIPEROOR VILLAGE,
          THIRUVALLA TALUK, REPRESENTED BY
          AGENT AND POWER OF ATTORNEY, GIGI PAUL,
          S/O.THOMAS, CHERUVATHOOR HOUSE, ERAVIPEROOR.
          BY ADVS.
          SRI.JOY JOSEPH MUNDACKAL
          SRI.MATHEW SKARIA
                                         -2-
W.P.(C). No. 10191 of 2012



                SRI.T.P.PRADEEP


OTHER PRESENT:

                SRE.RENJITH.T.R, SR.GP


        THIS       WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON     23.12.2022,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 10191 of 2012



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 10191 of 2012
                         =============================================================

                 Dated this the 23rd day of December, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i) Call for the records leading to Ext.P5 and may be pleased to quash the same. And

ii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant." (sic)

2. This writ petition is filed mainly challenging Ext.P5.

When this writ petition came up for consideration on 17.01.2013,

this Court passed the following order:

"The counsel for the third respondent seeks vacating of the interim order that has been granted in this case. Counsel for the petitioners submits that they would remove the obstruction caused and replace slabs over the thodu without causing any obstruction so as to maintain the only means of access to their house. However, they seek some time to undertake the above construction. A month's time is granted. Subject to the above condition, the interim stay is extended by a month."

W.P.(C). No. 10191 of 2012

In the light of the same, nothing survives in this case. If

there is any obstruction caused in the Thodu, the Panchayat is

free to issue notice to the petitioner, in accordance to law.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JUDGE das