Rajamma vs Udayanapuram Grama Panchayath on 24 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35249 of 2010(E)


1. RAJAMMA,W/O.MANIYAN,KUMBALATH HOUSE,
                      ...  Petitioner
2. MANIYAN,S/O.VELAYUDHAN,KUMBALATH HOUSE,

                        Vs



1. UDAYANAPURAM GRAMA PANCHAYATH
                       ...       Respondent

                For Petitioner  :SRI.K.G.BALASUBRAMANIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :24/11/2010

 O R D E R
                            P.N.RAVINDRAN, J.
                             ---------------------------
                        W.P.(C) No. 35249 OF 2010
                             --------------------------
               Dated this the 24th day of November, 2010

                               J U D G M E N T

The prayer in this writ petition is for a direction to the

Udayanapuram Grama Panchayat to consider and dispose of Ext.P6

appeal. Ext.P6 is styled as an appeal to the Committee of Udayanapuram

Grama Panchayat challenging Ext.P4 notice dated 8.11.2010 issued by

the secretary of that Grama Panchayat. By Ext.P4, the Secretary directed

the second petitioner to demolish and remove an unauthorised

construction. Earlier, Ext.P1 notice dated 31.8.2010 was issued calling

upon the second petitioner to stop the unauthorised construction. It is

evident from Exts.P1 and P4 that they are notices/orders issued under

section 235W of the Kerala Panchayat Raj Act. Under section 276 of the

said Act, an appeal lies from an order passed by the Secretary of a

Grama Panchayat under the provisions of 235W, will lie only to the

Tribunal for Local Self Government Institutions. I am therefore persuaded

to hold that Ext.P6 appeal is not maintainable before the committee of the

Panchayat and therefore the relief prayed for by the petitioners cannot be

granted.

The writ petition fails and is accordingly dismissed without prejudice

to the right of the petitioners to challenge Ext.P4 in appeal before the

Tribunal for Local Self Government Institutions.

P.N.RAVINDRAN,
(JUDGE)
vps

WPC No. 2

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