IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 17913 of 2006(G) ------------------------------------- PETITIONER: ------------------ MERCY VARKEY, W/O. VARKEY, AGED 65, KOLAMBEL HOUSE, THATTEKKADU P.O., KOTHAMANGALAM, MEMBER WARD NO.6, KEERAMPARA GRAMA PANCHAYAT, KEERAMPARA, KOTHAMANGALAM. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT. LOCAL SELF GOVT. DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PANCHAYAT, OFFICE OF THE DIRECTOR OF PANCHAYAT, PUBLIC OFFICE BUILDINGS, MUSEUM P.O., TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF PANCHAYAT, CIVIL STATION, KAKKANAD, ERNAKULAM. 4. THE PRESIDENT, KEERAMPARA GRAMA PANCHAYAT, KEERAMPARA P.O., KOTHAMANGALAM. 5. THE SECRETARY, KEERAMPARA GRAMA PANCHAYAT, KEERAMPARA P.O., KOTHAMANGALAM. ADV. SRI.P.B.MOHANKUMAR FOR R4 & 5 BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J --------------------------------------------------------- W.P(C).NO.17913/2006 -------------------------------------------------------- Dated this the 11th day of July, 2008 JUDGMENT The prayers in this writ petition are as follows; i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 4 and 5 to give copies of the minutes, decisions, resolution etc passed by the committee of Keerampara Grama Panchayat within the time limit prescribed in the KPR(Procedure for Panchayat Meetings)Rules 1995. ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 4 and 5 to give copies of minutes, decisions and resolutions of the committee meetings from 02.10.2005 till date. 2 iii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to conduct enquiry/ investigation in the matter of preparing, maintaining minutes book, decision register and other registers by the 4th and 5th respondents and issuing of copies of the same, with notice to the petitioner and take appropriate action against the person responsible for the lapses. 2. As far as reliefs 1 and 2 are concerned, the claim made by the petitioner is to give copies of the documents mentioned therein. The maintenance of Registers and service of notice by the Panchayat are covered by the Kerala Panchayat Raj(Procedure for Panchayat Meeting)Rules, 1995. Rule 26(6) provides that the Secretary shall within 48 hours, give to all members of the panchayat, copy of the decisions and resolutions passed in the Panchayat meeting. 3 This clarifies that, a member of the Panchayat is entitled to get copies of the decisions and resolutions and the rule does not even say that the member should make an application for the same. 3. A reading of the counter affidavit filed by the Secretary shows that pursuant to the direction of the 3rd respondent some of the documents were served on the petitioner and some of the documents were declined to be accepted. Any way, I do not think it is necessary at this distance of time to rake up those issues of the past as it is not going to be beneficial to anyone. It is directed that, the secretary of the Panchayat, whose responsibility it is to maintain the records of the Panchayat, shall comply with Rule 26(6) of the Rules referred to above and give relevant copies to the members of the Panchayat. 4. The 3rd relief sought for is an enquiry into the allegation of the petitioner regarding preparation and maintenance of the minutes book, decision register and 4 other documents. This prayer seems to have made by the petitioner without even invoking the departmental authorities. On demand in this behalf and on their denial alone, this court will be justified in issuing a direction in that regard. Therefore, if the petitioner has any grievance in this respect, I leave it upon her to pursue the same before the appropriate authorities. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 5