IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 11012 of 2008(J) -------------------------- PETITIONER: ------------ K,K.SUKUMARAN, K.K.HOUSE, MUZHUPPILANGAD P.O., KANNUR DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM SRI.T.K.AJITH KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. MUZHUPPILANGAD GRAMA PANCHAYAT, REPR. BY ITS SECRETARY, MUZHUPPILANGAD P.O., KANNUR DISTRICT. BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 11012 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2008 JUDGMENT The petitioner is aggrieved by the proposal of the third respondent to acquire his property which is said to be situated in a very important commercial area and on the main junction in the drive way to famous Muzhappilangad beach. He has filed this writ petition inter alia seeking a direction to the second respondent ( The Director of Panchayats, Thiruvananthapuram) to consider and pass orders on Ext.P7. 2. On this writ petition coming up for admission, I have heard the submissions of Sri.T.R.Ravi,counsel for the petitioner and the learned Government Pleader who has taken notice for the first respondent. Ext.P7 is an application submitted under Section 191 requesting that the resolution of the Panchayat to acquire the petitioner's property be cancelled. As rightly pointed out by the learned Government Pleader, the authority empowered to consider applications WPC.No.11012/08 2 under Section 191 is the Government and not the Director of Panchayats. Ext.P7 seems to be addressed to the Director of Panchayats. I therefore dispose of the writ petition directing the second respondent to place the original of Ext.P7 immediately before the first respondent and I also direct the first respondent to consider Ext.P7 and to take a decision on the same in accordance with the statutory procedure. In other words, final decision should be taken only after obtaining the opinion of the Ombudsman for Local Self Government Institutions or the Tribunal as the case may be. Needful will be done from the side of the Government without undue delay. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.11012/08 2