IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 17249 of 2010(E) --------------------------------------- PETITIONER(S): ---------------------- DEVASSIA, MOOTHEDATHU HOUSE, KURIYIPLAVU, MOONILAVU P.O. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): -------------------------- THE SECRETARY, MOONILAVU GRAMA PANCHAYAT, MOONILAVU, ERATTUPETTA. R1 BY ADV. SRI.GEORGEKUTTY MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17249/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE DEED DTD. 22.9.2006. P2:- COPY OF THE TAX RECEIPT DTD. 12.5.2010. P3:- COPY OF THE COMMUNICATION DTD. 11.5.2010 FROM THE RESPONDENT. P4:- COPY OF THE REPLY DTD. 19.5.2010 SUBMITTED BY THE PETITIONER. P5:- COPY OF THE COMMUNICATIONDTD. 15.9.2008 ISSUED BY THE TAHASILDAR MEENACHIL TALUK. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE RELEVANT EXTRACT OF THE ASSET REGISTERS OF THE MOONILAVU PANACHAYATH. R1(b):- COPY OF THE NOTICE DTD. 1.10.09 ISSUED BY THE HEAD SURVEYOR KOTTAYAM TO THIS RESPONDENT. R1(c):- COPY OF THE LETTER SENT BY THE AEO ERATTUPETTA TO THIS RESPONDENT ON 20.5.2010. R1(d):- COPY OF THE CERTIFICATE DTD. 14.6.2010 ISSEUD BY SRI.STANELY JOSEPH, PROPRIETOR ST. JOSEPH SAW MILL, TEEKOY. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17249 of 2010-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2010. JUDGMENT This writ petition is filed by the petitioner seeking for a direction to the respondent not to obstruct the removal of the rubber tree from the petitioner's property comprised in Ext.P1 in R.S. No.371/2 of Moonilavu Village. 2. The respondent has filed a counter affidavit. It is brought to my notice by the learned counsel for the Panchayat that the petitioner has since filed an application before the learned Ombudsman for Local Self Government Institutions as O.P.No.950/2010 and the matter is posted on 20.8.2010. A copy of the complaint was also made available for perusal. In that view of the matter, the writ petition is disposed of without prejudice to the right of the petitioner to seek appropriate remedies before the learned Ombudsman. No costs. (T.R. Ramachandran Nair, Judge.) kav/