IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WA.No. 2478 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35936/2008 Dated 04/12/2008 .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- THE SECRETARY, VAZHAPPALLY GRAMA PANCHAYATH, VAZHAPPALLY.P.O, CHANGANACHERRY. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): PETITIONER AND RESPONDENTS 1,2 AND 4 --------------------------------------------------- 1. CHANGANACHERRY METAL AND ALLIED INDUSTRIES CO-OPERATIVE SOCIETY LTD., NO. IND (K) 71, INDUSTRIES ESTATE POST, CHANGANACHERRY, REPRESENTED BY ITS SECRETARY. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE VAZHAPPALLY GRAMA PANCHAYATH, VAZHAPPALLY.P.O, CHANGANACHERRY, REPRESENTED BY ITS SECRETARY. 4. THE PRESIDENT, VAZHAPPALLY GRAMA PANCHAYATH, VAZHAPPALLY.P.O, CHANGANACHERRY. GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19 /12 / 2008 , THE COURT ON 19/12/2008 DELIVERED THE FOLLOWING: J.B.KOSHY, Ag C.J & THOMAS P.JOSEPH, J. ----------------------------------------------- W.A.NO.2478 OF 2008 ----------------------------------------------- Dated this the 19th day of December, 2008 JUDGMENT KOSHY, Ag C.J, By the impugned judgment the learned Single Judge directed the Tribunal to take back the appeals on file and dispose of the same on merit notwithstanding the availability of remedy of appeal before the Panchayat Committee. 2. The main dispute is whether the Panchayat has got a claim over the land in which the industrial unit of the first respondent is situated. Applications filed for renewal were dismissed by the Secretary of the appellant Panchayat. First respondent filed appeals before the Tribunal. Appellant contended that appeals will not lie before the Tribunal and only the Panchayat Committee has the authority to hear the appeals. Dispute is with the W.A.NO.2478/08 2 Panchayat itself. No purpose will be served by the appeal being heard by the same Panchayat Committee. It is well settled law that 'no man can be a judge of his own cause'. Hence skipping one remedy, the learned Judge directed the tribunal to hear the matter. We see no ground to interfere in the matter. The appeals should be heard by the Tribunal after hearing both sides, within 3 months from the date of receipt of a copy of this judgment. Writ Petition is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE THOMAS.P.JOSEPH JUDGE. sks/-