High Court Kerala High Court

Tomy Joseph Kunnel vs Arakulam Grama Panchayath on 2 June, 2010

Kerala High Court
Tomy Joseph Kunnel vs Arakulam Grama Panchayath on 2 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17002 of 2010(A)


1. TOMY JOSEPH KUNNEL,
                      ...  Petitioner

                        Vs



1. ARAKULAM GRAMA PANCHAYATH,
                       ...       Respondent

2. THE PRESIDENT,

3. THE SECRETARY TO LOCAL

                For Petitioner  :SRI.JOHNSON MANAYANI

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :02/06/2010

 O R D E R
                 T.R. RAMACHANDRAN NAIR, J.
               ---------------------------------------
                  W.P.(C) No.17002 OF 2010
               ---------------------------------------
             Dated this the 2nd day of June, 2010.


                         J U D G M E N T

The petitioner is a member of the 1st respondent-

Panchayath. He is aggrieved by the proposed inauguration of the

new office building of the Panchayath which is scheduled to take

place on 03.06.2010 as evidenced by Exhibit P1 inauguration

notice.

2. Mainly it is contended that the building is yet to be

completed and there is no proper decision by the Panchayath

Committee to have the inauguration at this stage and that too on

03.06.2010. It is pointed out that certain members of the

Committee have given a letter to the Secretary of the Panchayath

as per Exhibit P4 objecting to the procedure adopted.

3. Learned counsel for the petitioner submitted that the

decision has been taken with political motivation in the light of

the fact that the period of the Panchayath will be expiring shortly

and the next election will be conducted within a period of three

W.P.(C) No.17002/2010 2

months. It is further pointed out that the building itself is

incomplete and therefore the decision to inaugurate the same has

been taken hastily.

The inauguration of a building of the Panchayath exclusively

is within the powers of the authorities concerned. This Court in

this jurisdiction may not be justified in interfering in such a

matter especially since there is no plea of violation of any

statutes or any other provisions of law.

On the above grounds, this writ petition is dismissed.

T.R. RAMACHANDRAN NAIR
JUDGE

smp