SABU POTHOOR Vs. ARAKUZHA GRAMA PANCHAYAT

JUDGEMENT

(1.) Petitioner is a Panchayat Member in the Ward No.4 of the 1 st respondent Panchayat and the Chairman of the Development Standing Committee. Petitioner aggrieved by the illegal action on the part of the 2nd respondent by locking the room occupied by the Sevagram Kendra on 8.6.2018, on the basis of a resolution passed by the Panchayat has approached the State Government, invoking Section 191 of the Kerala Panchayat Raj Act, 1994. According to the petitioner, along with the stay application filed, an interim order of stay was passed, until further orders. However, ignoring the said stay order, the room is remaining closed, which is causing serious and innumerable difficulties to the functioning of the Sevakendra in the panchayat building.

(2.) I have heard learned Counsel for the petitioner and the learned Senior Government Pleader and the learned Standing Counsel appearing for the 1st respondent Panchayat.

(3.) Learned Counsel for the petitioner reiterated the contentions raised in the writ petition and has also brought my attention to Ext.P1 (a), which is a stay application submitted by the petitioner and on the top of the same, it is endorsed by the appellate authority that there will be a stay of further proceedings until further orders. According to the petitioner, in spite of the same, no action is being initiated by the 1st respondent Panchayat. However, learned Standing Counsel for the Panchayat submitted that so far the order is not communicated to the 1st respondent Panchayat. It is also pointed out that, in accordance with the Government Circular, the front office of the Panchayat shall be in the ground floor, and already the front office of the Panchayat have started functioning in the building occupied by the sevakendra.