IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 11894 of 2007(S) -------------------------- PETITIONER(S): --------------- T.V.SUNNY, MEMBER OF WADAKANCHERY GRAMAPANCHAYATH, WADAKANCHERY POST, THRISSUR DISTRICT. BY ADV. SRI.P.BHASKARAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE THASILDHAR, THALAPPILLY, P.O.WADAKANCHERY. 3. WADAKANCHERY GRAMAPANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O.WADAKANCHERY. 4. THE GOVERNMENT SERVANT'S CO-OPERATIVE BANK LTD., WADAKANCHERY P.O., THRISSUR DISTRICT. ADV. SRI.PHILIP M.VARUGHESE FOR R4 SRI.G.SREEKUMAR (CHELUR) FOR R3 GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11894 of 2007 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE RESOLUTION NO.36 DATED 30.11.02 OF WADAKANCHERY GRAMAPANCHAYATH EXT.P2- TRUE COPY OF THE DISSENTING NOTE RECORDED BY MEMBERS DATED 4.12.06 EXT.P3- TRUE COPY OF THE REPRESENTATION DATED 10.1.07 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P4- TRUE COPY OF THE POSTAL RECEIPT DATED 10.1.07 (TRUE COPY) P.A TO JUDGE J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.P.(C).11894/2007 ----------------------------- Dated this 16th day of January, 2009 JUDGMENT Koshy (Ag.C.J) This is a petition filed as public interests litigation. Petitioner filed Ext.P3 representation to the second respondent. He prays for a direction to the second respondent to dispose of Ext.P3 representation as expeditiously as possible. Under Section 191 of the Panchayat Raj Act, Government has got power to cancel resolution of Panchayat. Ext.P3 representation is filed before the second respondent, the Tahsildar. It should be forwarded to the Government. Government has got power to refer the matter to Ombudsman or Tribunal as the case may be, under Section 191(2). Petitioner is also free to file a representation to the Government directly and if such a representation is filed within a month from today, it should be considered by the Government in accordance with law. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs