SOMAN Vs. PATHANAPURAM GRAMA PANCHAYATH

JUDGEMENT

(1.) THE petitioner is aggrieved by Ext.P2 notice issued by the Secretary of the respondent-Panchayat. Even though, several legal grounds have been raised impugning Ext.P2, I do not propose to examine the merits of those grounds since the petitioner has a statutory remedy by way of appeal to the Committee of the Panchayat. Exts.P1 and P3 have been submitted by the petitioner before the Secretary himself. Ext.P1 is a detailed representation which can be construed by the Panchayat Committee as an appeal preferred by the petitioner against Ext.P2.

(2.) UNDER these circumstances, even without issuing notice to the respondents, the Writ Petition will stand disposed of with the following directions: The Secretary of the Panchayat will place Ext.P1 before the Committee of the Panchayat and the Committee will construe Ext.P1 as an appeal preferred by the petitioner against Ext.P2. Ext.P1 will thereafter be disposed of by the Committee of the Panchayat in accordance with law after hearing the petitioner. This, the Committee will do at their earliest and at any rate within three months of receiving a copy of this judgment together with a copy of this Writ Petition. In view of the above directions, there will be a further direction that the petitioner shall not be evicted from the room in question in implementation of Ext.P2 on condition that the petitioner remits a sum of Rs.12,000/- to the respondent-Panchayat within one month from today.