IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 28121 of 2009(I) -------------------------- PETITIONER(S): --------------- M.G.SREEKUMAR, S/O.SREENIVASAN, CAB-I-NET COMMUNICATIONS(P) LTD., PANCHAYATH SHOPPING COMPLEX, PONKUNNAM-686 506. BY ADV. SRI.R.RAMADAS RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. KANJIRAPPILLY GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KANJIRAPPILLY, KOTTAYAM DISTRICT. GP I V PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 28121 OF 2009 ............................................ DATED THIS THE 7TH DAY OF OCTOBER, 2009 JUDGMENT The petitioner sought sanction of the panchayat to lay cables on poles through a panchayat road for cable TV operation. Since the panchayat decided against the petitioner, he came to this court, but stood relegated to statutory remedies before properly constituted Tribunal. According to the petitioner, the Tribunal for Local Self Government Institutuion, though moved, apparently was of the view that an appeal does not lie before it. When there is no written order to that effect by the Tribunal, the petitioner filed Ext.P10 before the Government invoking Section 191(1) of the Kerala Panchayat Raj Act, 1994. Without expressing anything on merits, but taking note of the contents of Section 191(1)(a), and the decision of this court in Marykutty George V.State of Kerala (2005(2) KLT 515), it is ordered that Ext.P10 will be taken up, considered and disposed of by the first respondent, in accordance with law, after hearing the petitioner and the second respondent Grama Panchayat within a period of Wpc 28121/2009 2 45 days from the date of receipt of a copy of this judgment. All issues on merits left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/8/10