IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 17021 of 2009(W) ------------------------------------- PETITIONER: ------------------ KUNHALI S/O.KURIKKAL, CHERADA HOUSE, PO KARIPOL, VALANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ------------------------- 1. ATHAVANAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PO KARIPOL 676 552, MALAPPURAM DISTRICT. 2. SECRETARY, ATHAVANAD GRAMA PANCHAYAT, PO KARIPOL 676 552, MALAPPURAM DISTRICT. ADV. SRI.SAJU.S.A SRI.JAMSHEED HAFIZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17021 of 2009(W) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF REGISTERED SALE DEED DATED 26/10/1995. EXHIBIT P2: TRUE COPY OF BASIC TAX IN RESPECT OF THE PROPERTY AND RECIEPT DATED 9/06/2009 ISSUED BY VILLAGE OFFICER, ATHAVANAD. EXHIBIT P3: TRUE COPY OF POSSESSION CERTIFICATE DATED 28/10/2008 ISSUED TO THE PETITIONER BY VILLAGE OFFICER, ATHAVANAD. EXHIBIT P4: TRUE COPY OF LICENSE ISSUED BY THE 1ST RESPONDENT FOR CONDUCT OF THE SAID WOOD INDUSTRY. EXHIBIT P5 : TRUE COPY OF SAID APPLICATION FOR BUILDING PERMIT ALONG WITH THE PLAN OF THE BUILDING SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P6: TRUE COPY OF NOTICE DATED 4/02/2009 OF THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P7: TRUE COPY OF APPEAL DATED 28/02/2009 OF THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P8: TRUE COPY OF NOTICE NO.A31/2009 DATED 29/05/2009 FROM THE 2ND RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 17021 of 2009 ................................................. Dated this the 20th day of July, 2009 J U D G M E N T The petitioner challenges Exts.P6 and P8 notices directing the petitioner to demolish certain constructions made by the petitioner allegedly, unauthorisedly. Petitioner's contention is that against those notices, the petitioner has filed Ext.P7 appeal before the Panchayat and pending disposal, of that appeal, the notice may not be implemented. Orders by the Secretary for demolishing on unauthorised constructions are issued under Section 235W of the Kerala Panchayat Raj Act. Under Section 276 of the Act, against orders under Section 235W, appeals lie before the Tribunal for local self Government institutions and not to the Panchayat. Therefore Ext.P7 appeal filed before the Panchayat is not competent. 2. In the above circumstances, the writ petition is disposed of without prejudice to the right of the petitioner to file an appropriate appeal before the Tribunal against the W.P(C) No. 17021 of 2009 -2- impugned notices. To enable the petitioner to move the tribunal and seek interim orders, I direct that the stay granted by this court would continue to be in force for a further period of one month. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs