Kerala High Court
The Mathur Grama Panchayat vs Somadasan C on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
RP NO. 646 OF 2021
AGAINST THE JUDGMENT IN WP(C) 6110/2021 OF HIGH COURT OF KERALA, ERNAKULAM
REVIEW PETITIONERS/RESPONDENTS 4&5:
1 THE MATHUR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, MATHUR P.O, PALAKKAD-678571.
2 THE SECRETARY
MATHUR GRAMA PANCHAYAT, MATHUR P.O, PALAKAKD-678571.
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
JOPHY POTHEN KANDANKARY
RESPONDENTS/PETITIONERS & RESPONDENT NO.1 TO 3 & 6 TO 11:
1 SOMADASAN C
AGED 53 YEARS
S/O CHAMUNNI, RAMPARAMBU HOUSE, PALLANCHATHANUR (PO), PALAKKAD-
678571.
2 SREENIVASAN
AGED 53 YEARS
S/O PAZHANI, ALAMTHODU VEEDU, THACHAMKADU P.O., MATHUR,
PALAKKAD-678571.
3 P.R.SIVADASAN
AGED 56 YEARS
S/O RAMAKRISHNAN, PARAKKAL HOUSE, ANIKODE, KARIYAMKODE (PO),
PALAKKAD-678572
4 V.ARUMUKHAN
AGED 48 YEARS
S/O. VELLA, MOOCHIKKAL VEEDU, PALLANCHATHANUR P.O., PALAKKAD-
678 571.
5 R.KALADHARAN
AGED 62 YEARS
S/O. RAMAKRISHNAN, AMBAD VEEDU, PALLANCHATHANUR P.O., PALAKKAD-
678 571.
6 SUBASH A.
AGED 38 YEARS
S/O. APPUKUTTAN, PALLIKKALAM VEEDU, PALLANCHATHANUR PO,
PALAKKAD-678 571.
RP NO. 646 OF 2021
2
7 STATE OF KERALA
REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM.
8 THE DIRECTOR OF PANCHAYATS
THIRUVANANTHAPURAM-695 001.
9 THE DEPUTY DIRECTOR OF PANCHAYATS
CIVIL STATION, PALAKKAD-678 001.
10 PARAMESWARAN
ARUMBIL, WARD NO.2, MATHUR GRAMA PANCHAYAT, MATHUR PO,
PALAKKAD-678 571.
11 DEVADASAN
THYDIYAKAVU, WARD NO.4, MATHUR GRAMA PANCHAYAT, MATHUR PO,
PALAKKAD-678 571.
12 KRISHNAN C.
KUNNAMPARAMBU, WARD NO.8, MATHUR GRAMA PANCHAYAT, MATHUR PO,
PALAKKAD-678 571.
13 RADHAKRISHNAN R.
KOLLAD, WARD NO.13, MATHUR GRAMA PANCHAYAT, MATHUR PO,
PALAKKAD-678 571.
14 GIREESH
CHENGANIYUR, WARD NO.13, MATHUR GRAMA PANCHAYAT, MATHUR PO,
PALAKKAD-678 571.
15 VINOD
KALLAMPARAMBU, WARD NO.11, MATHUR GRAMA PANCHAYAT, MATHUR PO,
PALAKKAD-678 571.
OTHER PRESENT:
SRI ASHWIN SETHUMADHAVAN SR.GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 646 OF 2021
3
ORDER
This petition for review has been impelled by the Petitioner -
Panchayat, asserting that the endorsements on Annexure - A,
which are the instructions of the Hon'ble Minister, and which had
been adverted to by this Court in the judgment sought to be
reviewed, is illegal and issued in violation of law. The petitioners
also have a case that said instructions do not bind them.
2. Even when I hear Sri.Sajan Varghese, learned counsel
for the review petitioner, on the afore lines, the fact remains that I
have not decided whether the instructions of the Minister are
valid or otherwise; but I had only ordered the Director of
Panchayats to advert to the same, while issuing a final order. If
the Panchayat is of the view that said instructions are not binding
on them or that they are illegal or vitiated in law, they certainly
can urge them when the exercise ordered in the judgment is taken
forward; and therefore, I fail to understand why this review
petition has been filed.
Resultantly, I dismiss this review petition, however, clarifying
that the review petitioner - Panchayat is at liberty to raise the
afore contentions before the Director of Panchayats while the
RP NO. 646 OF 2021
directions in the judgment are complied with and the said
Authority will certainly evaluate it in terms of law.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
rp
RP NO. 646 OF 2021
APPENDIX OF RP 646/2021
PETITIONER ANNEXURE
Annexure A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
RESPONDENTS NO 1 TO 6 HEREIN WHO ARE THE
PETITIONERS IN THE ABOVE WRIT PETITION AND ORDER
PASSED THEREIN BY THE HON'BLE MINISTER.
Annexure B TRUE COPY OF THE RULE 163 OF THE KERALA SECRETARIAT
OFFICE MANUAL.
Annexure C TRUE COPY OF RR.175 & 177 OF THE KERALA SECRETARIAT
OFFICE MANUAL.
