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Azhikode Grama Panchayath vs State Of Kerala on 24 September, 2008

Kerala High Court
Azhikode Grama Panchayath vs State Of Kerala on 24 September, 2008
       

  

  

 
 
  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.
               ---------------------------------------
                  W.P.(C) No.14771 OF 2006
               ---------------------------------------
         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

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