IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 RP.No. 779 of 2009(B) --------------------- AGAINST THE JUDGEMENT IN WPC.4217/2009 .................... REVIEW PETITIONER(S): IST RESPONDENT IN WPC ------------------------------------------- SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER RESPONDENTS: PETITIONER & RESPONDENT NO.2 IN WPC -------------------------------------------------- 1. A.T.MATHEW, ELAMPASSERIYIL HOUSE, MOONILAVU P.O., KOTTAYAM DISTRICT. 2. THE SECRETARY, MOONILAVU GRAMA PANCHAYATH, MOONILAVU P.O., KOTTAYAM DISTRICT. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI,J. ------------------------- R.P No. 779 of 2009 in W.P (C) No.4217 of 2009 -------------------------- Dated this the 21st August,2009 O R D E R Review Petition is essentially filed against the following direction given in the judgment: “If the Assistant Engineer gives an opinion that the coverage is within the permissible limits, the panchayat shall immediately thereupon forward the same to the Government which shall proceed to accept the report and close the proceedings under Section 191 of the Act. Thereupon, it will be open to the Panchayat to implement Ext.P15 resolution and take other consequential action. The Government shall complete the entire proceedings within four weeks from the date of receipt of the report from the Panchayat.” 2. It is contended on behalf of the review petitioner that the power of the Government to take further action under Section 191 of the Panchayat Raj Act is interfered with by the aforementioned direction. The Government should have been conceded the power to take further proceedings under Section 191 of the Panchayat Raj Act, if necessary , after reference to the Ombudsman R.P No. 779 of 2009 in W.P (C) No.4217 of 2009 2 and the Tribunal as the case may be. I make it clear that the direction afore extracted, has been issued only in the facts and circumstances of the case. It is not intended as an expression of opinion by this Court on the scope or ambit of the power of the Government under Section 191 of the Panchayat Raj Act. Review petition is dismissed subject to the above direction. (V.GIRI,JUDGE) ma R.P No. 779 of 2009 in W.P (C) No.4217 of 2009 3 R.P No. 779 of 2009 in W.P (C) No.4217 of 2009 4