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T.V.GOPALAN, 69 YRS. versus THE SECRETARY, MALLAPPALLY GRAMA

High Court of Kerala

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T.V.GOPALAN, 69 YRS. v. THE SECRETARY, MALLAPPALLY GRAMA - WP(C) No. 27318 of 2006(B) [2007] RD-KL 57 (1 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27318 of 2006(B)

1. T.V.GOPALAN, 69 YRS.,
... Petitioner

Vs

1. THE SECRETARY, MALLAPPALLY GRAMA
... Respondent

2. T.N.THAMPY, IYCKUNNIL THADATHIL

3. MATHEW KUTTY PHILIP, WARD MEMBER,

4. SAJI MATHEW, WARD MEMBER,

For Petitioner :SRI.N.N.SASI

For Respondent :SRI.K.SASIKUMAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :01/01/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) No. 27318 OF 2006

Dated this the 1st day of January, 2007



JUDGMENT

A counter affidavit has been filed by the party respondent. Mr.K. Sasikumar, learned counsel for the 1st respondent Panchayat submits that in any event Ext.P4, which is impugned, is appealable under Section 276 of the Panchayat Raj Act. Mr. N.N.Sasi, counsel for the petitioner submits that Ext.P1 decree having attained finality, it is not open to the 2nd respondent to obstruct the reconstruction work done by the petitioner in the property upon which the 2nd respondent is having only leasement right. Mr.Siby Mathew, counsel for the 2nd respondent submits that the decree has not attained finality. I do not propose to decide the issue in view of the obvious position that the petitioner has remedy by way of appeal to the Panchayat Committee. I relegate the petitioner to that remedy and dispose of the Writ Petition accordingly. However, the interim order dt.17.10.06 which was passed while notice was ordered on the Writ Petition will continue for a period of one more month.

PIUS C. KURIAKOSE, JUDGE

btt WPC 2


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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