Indira vs Moorkkanad Grama Panchayath
2021 Latest Caselaw 13609 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                  WP(C) NO. 11998 OF 2014
PETITIONER:

         INDIRA
         AGED 52 YEARS
         W/O.VELAYUDHAN,AMMANATHINKAL HOUSE,
         PERINTHALMANNA TALUK,MALAPPURAM DISTRICT.

         BY INDIRA (PARTY)



RESPONDENTS:

    1    MOORKKANAD GRAMA PANCHAYATH
         REPRESENTED BY ITS
         SECRETARY,VENGAD.P.O,MALAPPURAM-679338.

    2    SECRETARY
         MOORKKANAD GRAMA
         PANCHAYATH,VENGAD.P.O,MALAPPURAM-679338.

         BY ADV SRI.S.SHANAVAS KHAN



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 11998 OF 2014
                                    -2-




                             JUDGMENT

The petitioner is in ownership and

possession of 8.44 cents of property along with a

house in Sy.No.84 of Kolathoor amsom, Moorkkanad

Desom. One Sekharan along with some other person

demolished a portion of boundary of the

petitioner's property on the western side and a

suit was filed by the petitioner before Munsiff

Court, Perinthalmanna as O.S.No.6/2014.

2. According to the petitioner, he obtained

an order in I.A.No.36/2014 and constructed the

boundary which was again demolished. In the

meanwhile, petitioner was served with Ext.P1

notice by the Secretary of the Moorkkanad Grama

Panchayath apparently under Section 235(w) (i)and

(ii) of the Kerala Panchayath Raj Act, 1994. It

seems aggrieved by Exts. P1 and P2, petitioner

has preferred Ext.P2 appeal before the Panchayath WP(C) NO. 11998 OF 2014

Committee, which was pending consideration and

petitioner sought for the following reliefs:-

"a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent Panchayath to dispose of Ext.P2 appeal within a time limit to be prescribed by this Hon'ble Court.

b) to pass an order staying all further proceedings pursuant to Ext.P1 order pending disposal of the writ petition."

3. In my considered view, a notice under

Section 235(w)(i) and (ii) is only a show cause

notice, which can be objected to and the

Secretary of the Grama Panchayath has to take a

decision finally under sub section 3 of section

235 (w) of the Kerala Panchayath Raj Act. I doubt

the maintainability of the appeal and therefore,

I direct the Panchayath Committee to transmit the

appeal filed by the petitioner before the

Panchayath Committee, if it is still pending and

the issue is still surviving, and the Secretary

of the Grama Panchayath shall take a final

decision at the earliest, after providing notice WP(C) NO. 11998 OF 2014

of hearing to the petitioner and any other

interested persons. I make it clear that such a

direction was issued, since I am of the belief

that the subject issue on the basis of Ext.P1

notice issued by the Secretary is still surviving

before the Secretary of the Grama Panchayth.

The writ petition is disposed of,

accordingly.

sd/-

SHAJI P.CHALY JUDGE hmh WP(C) NO. 11998 OF 2014

APPENDIX OF WP(C) 11998/2014

PETITIONER's ANNEXURE

EXHIBIT P1 COPY OF THE NOTICE NO.A4-340/2014 DATED 15.3.2014

EXHIBIT P2 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE IST RESPONDENT PANCHAYATH DATED 22.3.2014

EXHIBIT P3 EXT.P3 COPY OF THE RECEIPT DATED 22.2.2014 ISSUED BY THE IST RESPONDENT.

RESPONDENT's NIL ANNEXURE