IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 9631 of 2009(Y) ------------------------------- PETITIONER(S): --------------- 1. JACOB PUNNOSE,V/221 B, RANNI ANGADI SHOPPING COMPLEX, VALAYANATTU,ANGADI P.O., PATHANAMTHITTA DISTRICT. 2. REJI PUNNOSE,V/221 B, RANNI ANGADI SHOPPING COMPLEX, VALAYANATTU,ANGADI P.O., PATHANAMTHITTA DISTRICT. BY ADVS. MR.M.V.BOSE MR.VINOD MADHAVAN MS.NISHA BOSE RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF PANCHAYATS, PATHANAMTHITTA. 2. RANNI-ANGADI GRAMA PANCHAYAT, REP.BY ITS SECRETARY, ANGADI P.O.,RANNI, PATHANAMTHITTA DISTRICT, PIN-689674. 3. THE SPECIAL GRADE SECRETARY, RANNI-ANGADI GRAMA PANCHAYAT, ANGADI P.O.,RANNI, PATHANAMTHITTA,PIN-689674. GOVERNMENT PLEADER MS. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.9631 OF 2009 ---------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The petitioners challenge Exts.P2 and P2 (a) orders of the 3rd respondent – Panchayat, whereby the 3rd respondent refused to renew lease agreement in respect of a shop room in the shopping complex belonging to the Panchayat. The learned counsel for the petitioners would argue that although the petitioners have got a right of appeal, the petitioners should not be relegated to that remedy since Exts.P2 and P2(a) orders are without jurisdiction. I do not agree. Perhaps the petitioner could contend that the same are wrong orders, but it cannot be said to be without jurisdiction in so far as the shopping complex belongs to the Panchayat and the lease is being renewed from year to year. If the order is wrong on any ground, it is for the petitioners to urge those grounds, on which they seek to challenge the same, before the Appellate Authority. Therefore, W.P.(C)No.9631/09 2 without prejudice to the right of the petitioners to challenge Exts.P2 and P2(a) orders in a properly constituted appeal as provided under the Kerala Panchayat Raj Act, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd