IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 22669 of 2010(G) -------------------------------- PETITIONERS: ---------------- 1. SEBASTIAN C.J, CHEENATHU HOUSE, KADALASSERY. 2. PRINTO.K.K,KALOOKKARAN HOUSE, PANAMKULAM, PO KARUVANNOOR. 3. JOSE THOMMANA,THOMMANA HOUSE, KADALASSERY. BY MR.ABRAHAM THOMAS (PUTHURAN), ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPAPRTMENT OF LOCAL SELF GOVERNMENT,SECRETARIAT,THIRUVANANTHAPURAM -1. 2. THE STATE ELECTION COMMISSIONER, STATE OF KERALAA,THIRUVANANTHAPURAM -1. 3. THE EXECUTIVE COMMITTEE, VALLACHIRA GRAMA PANCHAYAT, VALLACHIRA PO, THRISSUR DISTRICT REPRESENTED BY ITS PRESIDENT, PIN - 680562. 4. VALLACHIRA GRAMA PANCHAYAT, VALLACHIRA PO, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 680562. BY MR.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMN FOR R2 MS.K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22669 OF 2010 --------------------------------------- Dated this the 20th day of July, 2010. J U D G M E N T The petitioners are aggrieved by the resolutions taken by the members of the Committee of the 4th respondent Panchayath namely, resolution Nos.221/08 and 222/08. According to the petitioners, the same is in violation of Section 152 Chapter XIV of the Kerala Panchayath Raj Act, 1994. Various grounds have been taken in the writ petition and detailed narration of the various disputes have also been mentioned. 2. The petitioners are the members of the Parish St.Mary's Church, Pallissery. The term of the Committee expires in August 2010. According to the petitioners, the members of the 3rd respondent are always attempting to humiliate and harass the Vicar of the Church and in the meeting held on 28.04.2008, they have made abusive and libelous statements against the Vicar of the Church alleging that after the assumption of the present Vicar, communal harmony in the Pallissery Desom is shattered W.P.(C) No.22669/2010 2 and he is harassing the public. Exhibit P2 is the copy of the minutes of the meeting held on 28.04.2008. 3. The remedy of the petitioners is to approach the Government under Section 191 of the Kerala Panchayath Raj Act. Under sub section (1) of Section 191, the Government can, on a petition received from a citizen, cancel or vary a resolution passed or decision taken by the Panchayath if various grounds stated in clauses (a) to (d) are established. If the petitioners make appropriate representations before the Government within a period of three weeks from today along with a copy of this judgment, the same will be considered by the Government in accordance with law and a decision will be taken within a period of five months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp