IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 RP.No. 407 of 2008(J) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.3039/2008 Dated 26/02/2008 .................... REVIEW PETITIONER. ----------------------------------- K.V.IYYAKKU, S/O. VAREETH, KAKKASSERY HOUSE, VHOWANNUR P.O., THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: ------------- 1. CHOWANNUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O.CHOWANNUR, THRISSUR DISTRICT. 2. THE SECRETARY, CHOWANNUR GRAMA PANCHAYATH, P.O.CHOWANNUR, THRISSUR DISTRICT. 3. GEOLOGIST, THRISSUR DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, THRISSUR - 20. BY SRI.V.C.MADHAVAN KUTTY (SC) BY G.P. SRI.K.J.MUHAMMED ANZAR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/04/2008, ALONG WITH WPC 3039/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- R.P. NO.407/2008 IN W.P.(C) NO. 3039/ 2008 & WP(C) 3039/2008 ---------------------------------- Dated this the 8th day of April , 2008 O R D E R Heard Sri.Jijo Paul, the learned counsel for the petitioner and the learned Standing Counsel for the Panchayat. 2. Sri.Jijo Paul submits that it is very unlikely that useful purpose will be served by relegating the petitioner back to the Committee of the Panchayat since Ext.P4 notice cum order was issued by the Secretary on the basis of Ext.P4(2) resolution of the Panchayat. According to the learned counsel, the remedy which is available to the writ petitioner is an appeal to the Tribunal. This aspect of the matter could not be brought to the notice of this court at the time when this writ petition was decided so submits the learned counsel. 3. The learned Counsel for the Panchayat submits that Ext.P4 was issued on the basis of the resolution of the Panchayat. Ext.P4(2) cannot be said to be wrong. I find merit in the submission of the learned counsel for the review petitioner that it is very unlikely that the Panchayat committee will be inclined to change Ext.P4 (2) decision even if the petitioner is R.P. No407/2008 2 relegated back to the committee by this court. Hence I allow the Review Petition and dispose of the writ petition relegating the petitioner to statutory appellate remedies before the Tribunal for Local Self Government Institutions. If the Tribunal receives an appeal against Ext.P4 from the petitioner within 10 days from today, the time during which the writ petition and the Review Petition were pending and the time till the filing of the appeal will be excluded by the Tribunal from the reckoning for the purposes of limitation. PIUS C. KURIAKOSE JUDGE dpk