ROCKEY V. JAMES Vs. POTHANIKKAD GRAMA PANCHAYAT

JUDGEMENT

(1.) The above review petition arise from the judgment dtd. 10/4/2023 in WP(C) No.8045/2023. The review petitioner is the petitioner in the writ petition. The above writ petition was disposed of with the following directions. Paragraph 5 of the judgment is extracted below: 'Since the specific contention of the petitioner is that Ext.P1 was issued without hearing him, I am inclined dispose of the writ petition to treat Ext.P1 as a preliminary order and the respondent Panchayath is directed to re-hear the petitioner and issue fresh order in this regard. For an early disposal of the complaint preferred by the 3rd respondent, the petitioner as well as the 3rd respondent shall be present before the 2nd respondent on 24/4/2023. The petitioner is free to file his objections. After hearing the petitioner and the 3rd respondent, the 2nd respondent shall take a decision in this matter, within a period of one week, thereafter. The interim order granted by this Court on 9/3/2023 shall be in force, till a decision is taken by the 2nd respondent as directed above. '

(2.) The review petition has been filed taking a legal contention that going by Sec. 238 of the Kerala Panchayat Raj Act, it is for the Panchayat Committee to take a decision in the matter and therefore the direction issued to the 2nd respondent who is the Secretary of Panchayat to finalise the proceedings is not in accordance with law.

(3.) I have heard the learned Counsel for the petitioner as well as the respondents in the review petition.