IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 319 of 2008(K) ------------------------ PETITIONER: ------------ K.L.PAUL, S/O.LAWRENCE, KOLLAMPARAMBIL HOUSE, CHEPPANAM, PANANGAD (P.O), ERNAKULAM DISTRICT. BY ADV. SRI.C.K.ABDUL RAHIM RESPONDENTS: ------------- 1. THE KUMBALAM GRAMA PANCHAYATH REP. BY ITS SECRETARY, PANANGAD (P.O), ERNAKULAM DISTRICT, PIN - 682 506. 2. THE SECRETARY, KUMBALAM GRAMA PANCHAYATH REP. BY ITS SECRETARY, PANANGAD (P.O), ERNAKULAM DISTRICT, PIN - 682 506. 3. SHRI.LAWRENCE DITTO, S/O.FRANCIS, KOLLAMPARAMBIL HOUSE, UDAYATHUMVATHIL, PANANGAD (P.O), ERNAKULAM DISTRICT, PIN - 682 506. R3 BY ADV. SRI.A.T.ANILKUMAR R1-R2 BY ADV.SRI.BLAZE K.JOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.319 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 28th February, 2008 JUDGMENT The allegation of the petitioner is that the third respondent (petitioner's nephew) could get mutation effected in his favour on the basis of Ext.P4 consent letter purported to have been executed by the petitioner in favour of the third respondent. According to the petitioner, Ext.P4 is a forged document. The allegation that Ext.P4 is a forged document is very seriously opposed by the third respondent. But having regard to the submissions of Mr.C.K.Abdul Rehim, learned counsel for the petitioner, Mr.A.T.Anil Kumar, counsel for the third respondent and Mr.Blaze K.Jose, Counsel for the Panchayat, I am of the view that since the issue is pending before the Panchayat in Ext.P5, the Panchayat has to enquire into the matter and take a decision. I therefore dispose of the Writ Petition without expressing any opinion on the merits of the grounds raised by the petitioner or the contentions raised by the third respondent, directing the 2nd respondent to conduct all necessary enquiries into Ext.P5 participating the petitioner and the third respondent and complete the enquiry at the earliest and at any rate within three months and on the basis of the facts which become evident in the enquiry, the W.P.C.No.319/08 - 2 - Panchayat will take a decision as to whether the Panchayat's action in mutating the ownership of building No.XI/413 in favour of the third respondent was proper. If it is found that the mutation was improper, the Panchayat will not hesitate to pass appropriate orders canceling mutation. The enquiry as directed above will be conducted and orders will be passed at the earliest and at any rate within four months from today. If the Panchayat feels that for resolving the issue as to whether Ext.P4 document is a forged one, report of any forensic expert/laboratory is required, the petitioner will meet all the expenses to be incurred in that context. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE