IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17544 of 2009(K)
1. THE PONNANI MUNICIPALITY,
... Petitioner
Vs
1. PURATHUR GRAMA PANCHAYAT,
... Respondent
2. THE SECRETARY,
For Petitioner :SRI.C.V. MANUVILSAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :24/06/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.17544 of 2009-K
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Dated this the 24th day of June, 2009.
JUDGMENT
1.The petitioner is a municipality. The first
respondent, a village panchayat has notified the
right to use a ferry and run a junkar service
across a particular water way. While the first
respondent appears to stand on the fact that the
said water course is within its territory, the
petitioner challenges the aforesaid decision of
the first respondent on the ground that it has
and had been exercising monopoly rights in
operating the said ferry service. This,
essentially, is a dispute between the petitioner,
a municipality and the first respondent, a
panchayat.
2.Where a dispute exists between two or more
panchayats, it falls for settlement in terms of
WP(C)17544/09 -: 2 :-
Section 282 of the Kerala Panchayat Raj Act, 1994
and if the dispute is between a municipality and
a panchayat, it falls for resolution in terms of
Section 561 of the Kerala Municipality Act, 1994.
The object sought to be achieved by those
statutory provisions is salutary. The Local Self
Government Institutions, be it a Municipality or
a Panchayat, have to first find out modalities of
settling the disputes between them amicably. If
that is not possible, the aforesaid statutory
provisions provide for a decision on adjudication
of the dispute by the competent authority as
prescribed in those statutory provisions.
For the aforesaid reasons, this writ petition is
dismissed without prejudice to the right of the
petitioner to move the competent authority in
terms of Section 561 of the Kerala Municipality
Act, 1994. All other issues are left open.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/290609