IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14771 of 2006(H)
1. AZHIKODE GRAMA PANCHAYATH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. TAHSILDAR, TALUK OFFICE, KANNUR.
3. TALUK SURVEYOR, TALUK OFFICE, KANNUR.
4. OMBUDSMAN, LOCAL SELF GOVERNMENT
5. T.P. SHAHUL HAMEED, SHAHULS,
For Petitioner :SRI.P.V.SURENDRANATH
For Respondent :SRI.M.RAMESH CHANDER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :24/09/2008
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.14771 OF 2006
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Dated this the 24th day of September, 2008.
J U D G M E N T
Exhibit P1 order passed by the fourth respondent is under
challenge. According to the petitioner-panchayath, the dispute
essentially is of a civil nature. The fourth respondent, without
properly understanding the factual and legal position, has issued
a direction to the petitioner-panchayath to demolish the fish
market under dispute on the ground that the same is constructed
trespassing into the property of the fifth respondent. Apparently,
the dispute does not come under Sections 271F and 271J of the
Kerala Panchayath Raj Act. There is an express bar also under
Section 271M of the Act.
2. Therefore, Exhibit P1 is quashed without prejudice to the
liberty to the fifth respondent to approach the Civil Court for
redressal of his grievances. Needless to say that in the event of
the fifth respondent approaching the Civil Court as above, in case
there is any question of limitation, the time taken by the fifth
W.P.(C) No.14771/06 2
respondent for prosecuting the matter before the fourth
respondent and the period of pendency of the writ petition shall
also be excluded.
This writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
smp
W.P.(C) No.14771/06 3
KURIAN JOSEPH, J.
W.P.(C) No. 14771 OF 2006
J U D G M E N T
24.09.2008
