IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24726 of 2009(I) -------------------------- PETITIONER(S): --------------- LAILA BEEVI, AGED 59 YEARS, W/O.EASUKUNJU, VALIYAVILA VEEDU PARAKUNNU DESOM, NAVAIKULAM VILLAGE THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR KUNDAPPANAKUNNU, THIRUVANANTHAPURAM. 3. ADDITIONAL TAHSILDAR TALUK OFFICE CHIRAYINKEEZHU, ATTINGAL 695 101. 4. NAVAIKULAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY NAVAIKULAM, THIRUVANANTHAPURAM 695 603. by GP I V PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 24726 OF 2009 ............................................ DATED THIS THE 27TH DAY OF AUGUST, 2009 JUDGMENT Government Pleader takes notice for R1 to R3. Notice to R4 dispensed with, preserving its right to move for rehearing of this writ petition, if aggrieved. 2. I am satisfied that this writ petition has been necessitated only because of the provisions in the Panchayat Raj Act, prescribing a notice period before suing the panchayat. Otherwise, the petitioner's case is predominantly one that has to go to civil court for adjudication. She claims a land through which panchayat is trying to get a burial ground, which belongs to her and not to the Government. Therefore essentially, what is in issue is title to the property. Taking into consideration the statutory scenario, it is ordered that the impugned action will stand stayed for a period of two months to enable the petitioner to issue a notice to the panchayat and sue the panchayat before the competent civil court. All issues on merits are left open. It is Wpc 24726/2009 2 also clarified that the period for which relief is granted, will not be extended under any circumstances. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/28/8