M M LAKSHMIKUTTY AMMA Vs. VELIYANAD GRAMA PANCHAYATH

JUDGEMENT

(1.) THE petitioner owns a parcel of land within the local limits of Veliyanad Grama Panchayat. Alleging that one Sri.K.Kesava Panicker and his children who own a parcel of land in Sy.No.378/5 of Veliyanad Village are attempting to fill up a poramboke kulam and a thodu through which water drains into the kulam from the neighbouring lands, the petitioner filed Ext.P3 representation before the Secretary of Veliyanad Grama Panchayat. THE grievance voiced by the petitioner in this writ petition is that though nearly one year has passed after the said representation was filed, till date, the Secretary of Veliyanad Grama Panchayat has not taken any action in the matter. In this writ petition the petitioner seeks a direction to the respondents to consider Ext.P3 representation and take an appropriate decision thereon in accordance with law, within a time limit to be fixed by this Court.

(2.) A reading of Ext.P3 discloses that the petitioner has brought to the notice of the second respondent that Sri.K.Kesava Panicker and his children are taking steps to reclaim a poramboke kulam and the thodu and that if the thodu and the poramboke kulam are reclaimed, it will affect the neighbouring residents. Going by the averments in the writ petition and the statements in Ext.P3, the thodu and the poramboke kulam are vested in the Veliyanad Grama Panchayat. In such circumstances I am of the opinion that the respondents should consider the complaint voiced by the petitioner in Ext.P3 and take an appropriate decision thereon in accordance with law.