BY AD v. NABIL KHADER

P3(d) orders are passed. Aggrieved by the same, this Writ petition is filed.

3. Heard the learned counsel appearing for the petitioners, the learned Government Pleader and the learned counsel appearing for the Panchayat. WP(C) NO. 9622 OF 2014 5

4. When this Writ petition came up for consideration on 09.04.2014, this Court stayed the proceedings pursuant to Exts.P3 to P3 (d). This Writ petition is pending before this Court from 2014 onwards. The main grievance of the petitioners is that the contention raised by the petitioners in Exts.P2 to P2(d) are not considered in Exts.P3 to P3(d). I think there is some force in the above argument. Therefore, I am of the considered opinion that, Exts.P3 to P3(d) can be set aside and there can be a direction to the 1 st respondent to reconsider the matter after adverting the contention of the petitioners in Exts.P2 to P2 (d). I make it clear that, I have not considered the matter on merit and the orders are set aside because the contention raised by the petitioners in Exts.P2 to P2(d) are not considered. Therefore, this Writ petition is disposed of in the WP(C) NO. 9622 OF 2014 6 following manner:

2. Exts.P3 to P3(d) orders are set aside. The 1st respondent is directed to reconsider the matter after giving an opportunity of hearing to the petitioners and also adverting the contentions raised by the petitioners in Exts.P2 to P2(d), as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a stamped certified copy of this judgment. Sd/- DM P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 9622 OF 2014 7 APPENDIX OF WP(C) 9622/2014 PETITIONER EXHIBITS EXT.P-1: TRUE COPY OF THE SHOW CAUSE NOTICE DATED 28.2.2014 ISSUED TO IST PETITIONER EXT.P-1(A): TRUE COPY OF THE SHOW CAUSE NOTICE DATED 28.2.2014 ISSUED TO 3RD PETITIONER EXT.P-1(B): TRUE COPY OF THE SHOW CAUSE NOTICE DATED 28.2.2014 ISSUED TO 4TH PETITIONER EXT.P-1(C): TRUE COPY OF THE SHOW CAUSE NOTICE DATED 28.2.2014 ISSUED TO 5TH PETITIONER EXT.P-2: TRUE COPY OF THE REPLY DATED 14.3.2014 SUBMITTED BY THE IST PETITIONER EXT.P-2(A): TRUE COPY OF THE REPLY DATED 14.3.2014 SUBMITTED BY THE 2ND PETITIONER EXT.P-2(B): TRUE COPY OF THE REPLY DATED 14.3.2014 SUBMITTED BY THE 3RD PETITIONER EXT.P-2(C): TRUE COPY OF THE REPLY DATED 14.3.2014 SUBMITTED BY THE 4TH PETITIONER EXT.P-2(D): TRUE COPY OF THE REPLY DATED 14.3.2014 SUBMITTED BY THE 5TH PETITIONER EXT.P-3: TRUE COPY OF THE ORDER WP(C) NO. 9622 OF 2014 8 NO.A2-197/07 DATED 19.3.2014 ISSUED TO THE IST PETITIONER EXT.P-3(A): TRUE COPY OF THE ORDER NO.A2-197/07 DATED 19.3.2014 ISSUED TO THE 2ND PETITIONER EXT.P-3(B): TRUE COPY OF THE ORDER NO.A2-197/07 DATED 19.3.2014 ISSUED TO THE 3RD PETITIONER EXT.P-3(C): TRUE COPY OF THE ORDER NO.A2-197/07 DATED 19.3.2014 ISSUED TO THE 4TH PETITIONER EXT.P-3(D): TRUE COPY OF THE ORDER NO.A2-197/07 DATED 19.3.2014 ISSUED TO THE 5TH PETITIONER EXT.P-4: TRUE COPY OF THE AUCTION NOTICE DATED 1.3.2010 EXT.P-5: TRUE COPY OF THE CERTIFICATE DATED 1.3.2010 ISSUED BY THE IST RESPONDENT EXT.P-5(A): TRUE COPY OF THE CERTIFICATE DATED 2.3.2010 ISSUED BY THE ANAPPARA KSHEEROLPADAKA SOCIETY SECRETARY EXT.P-5(B): TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE SECRETARY CHARITHRA LIBRARY EXT.P-5(C): TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE LIBRARIAN PANCHAYATH LIBRARY. EXT.P-5(D): TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE WP(C) NO. 9622 OF 2014 9 SECRETARY MANJAPRA GRAMA PANCHAYATH. EXT.P-5(E): TRUE COPY OF THE CERTIFICATE DATED 15.3.2010 ISSUED BY THE SECRETARY, AYYAMPUZHA GRAMA PANCHAYATH. EXT.P-6: TRUE COPY OF THE DECISION DATED 22.3.2010 OF THE IST RESPONDENT EXT.P-7: TRUE COPY OF THE COMMUNICATION DATED 25.3.2013 ISSUED BY THE IST RESPONDENT RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE