IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 25290 of 2009(E) -------------------------------------- PETITIONER: ------------------- ELDHO, S/O. VARGHESE, AGED 47, MUTTAVANCHERRIL HOUSE, KARUKULAM KARA, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, P.O.VILANGU. BY ADV. MR.V.RAJENDRAN (PERUMBAVOOR). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY, LOCAL ADMINISTRATION, SECRETARIAT, THIRUVVANANTHAPURAM. 2. THE SECRETARY, KIZHAKKAMBALAM GRAMA PANCHAYAT, KIZHAKKAMBALAM P.O., PIN-683 562. 3. TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 4. BABY T.POULOSE, THURUTHUMMEL HOUSE, KARUKULAM KARA, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, P.O.VILANGU. R1 BY GOVT. PLEADER MR. V. MANU, R2 BY ADVS. MR.C.ANILKUMAR (KALLESSERIL), MR.C.Y.VINOD KUMAR, R4 BY ADV. MR.N.K.POULOSEKUTTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25290/2009-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE ISSUED BY R.2. TO THE PETITIONER ON 30/06/08. EXT.P.2: COPY OF THE ORDER OF R.3. IN APPEAL NO:341/08 DTD. 22/10/08. EXT.P.3: COPY OF THE NOTICE DTD. 09/06/09 ISSUED BY R.2. TO THE PETITIONER. EXT.P.4: COPY OF THE WRITTEN STATEMENT FILED BY R.2. IN EXT.P.3. APPEAL ON 16/07/09. EXT.P.5: COPY OF THE ORDER OF R.3. IN APPEAL NO. 527/09 DTD. 27/07/09. EXT.P.6: COPY OF THE MEASURED PLAN OF THE PROPERTY OF THE PETITIONER. EXT.P.7: COPY OF THE NOTICE ISSUED BY PETITIONER UNDER SECTION 249 OF THE PANCHAYAT RAJ ACT TO THE R.2. DTD. 11/08/09. EXT.P.8: COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY R.2. ON 17/08/09. RESPONDENTS' EXHIBITS: EXT.R4.A: COPIES OF THE PHOTOGRAPHS SHOWING THE CONDITION OF THE ROAD IN THE AREA IN DISPUTE IN THE ABOVE CASE. EXT.R4.B: COPY OF THE ORDER IN I.A. 3113/08 IN O.S. 382/2008 ON THE FILE OF THE HON'BLE MUNSIFF'S COURT, PERUMBAVOOR. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.25290 OF 2009 (E) -------------------------------------------------- Dated this the 11th day of February, 2010 J U D G M E N T The issue in this writ petition relates to the removal of alleged obstruction created by the petitioner over a water channel, which is allegedly vested in the 2nd respondent Panchayat. There were several notices issued by the Panchayat and several appeals were filed before the Tribunal for Local Self Government Institutions and the final order of which is Ext.P5. 2. Although the appeal filed by the petitioner has been allowed, still the petitioner is aggrieved by certain observations made in Ext.P5 and the liberty given to the Panchayat for taking fresh proceedings in the matter. Essentially, the dispute is regarding the existence of a water channel and whether the same is one vested with the Panchayat. This certainly is a disputed question fact which can be resolved only in a civil suit instituted before the appropriate civil court. Realizing this limitation, on behalf of the petitioner Ext.P7 notice has also been issued to the Panchayat under Section 249 of the Kerala Panchayat Raj Act. WPC.No.25290 /09 :2 : Therefore, the remedy of the petitioner is to seek civil remedies before appropriate civil court. 3. Accordingly, the writ Petition is disposed of, leaving it open to the petitioner to move appropriate civil court, to seek remedies against the proceedings initiated by the Panchayat in respect of the water channel in question. It is made clear that, the period during which this writ petition was pending shall be excluded by the Civil Court, while reckoning the notice period. Having regard to the fact that the interim order staying further proceedings pursuant to Ext.P5 is in force till 28th February, 2010, it is directed that the same will continue for a further period of one month from today. (ANTONY DOMINIC) JUDGE vi/ WPC.No.25290 /09 :3 :