IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 5977 of 2010(V) ------------------------- PETITIONER(S): --------------- JOHN KURIAN, S/O.JOHN, AGED 63 YEARS, KALAMBATTUPARAMBIL HOUSE, KAVANA KARA, VAZHAKKULAM P.O., MUVATTUPUZHA. BY ADV. SRI.C.P.SAJI RESPONDENT(S): --------------- 1. AVOLY GRAMAPANCHAYAT REPRESENTED BY ITS SECRETARY, AVOLY P.O., MUVATTUPUZHA. 2. THE SERVICE CO-OPERATIVE BANK LTD.NO.2950, REPRESENTED BY ITS SECRETARY, AVOLY P.O., MUVATTUPUZHA. 3. JACOB THOMAS, S/O.THOMAS, AGED 50 YEARS, KALAMBATTUPARAMBIL, KAVANA, NOW RESIDING AT CHEEMBARAYIL HOUSE, WATER AUTHORITY QUARTERS NO.4, NEAR KSRTC BUS STAND, THODUPUZHA, IDUKKI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.5977 OF 2010 (V) -------------------------------------------------- Dated this the 24th day of February, 2010 J U D G M E N T Petitioner submits that he was elected as Chairman of Thanikunnel Road Vikasana Samithy constituted by the first respondent Panchayat. According to the petitioner, the 3rd respondent is the Convener of the Beneficiary Committee. For the execution of the work, Panchayat advanced certain amount of money which was kept in a joint account operated by the petitioner and the 3rd respondent. For some reasons, difference of opinion arose between the petitioner and the 3rd respondent and the work also had to be abandoned. As a result of this, the work has now been cancelled and the money has become repayable to the Panchayat. Petitioner submits that since the 3rd respondent is not co-operating for withdrawing the money from bank deposit, he is not in a position to pay money to the Panchayat. In these circumstances, he has submitted a request to the Panchayat to take appropriate action in the matter for the recovery of money from the joint account maintained by the petitioner and the 3rd respondent. WPC.No. 5977/2010 :2 : 2. Although it is a dispute of civil nature, still on the facts as pleaded, it may be possible for the Panchayat to intervene. Now that the petitioner has moved the Panchayat, it is directed that the Panchayat shall consider Ext.P2 representation made by the petitioner with notice to himself and the 3rd respondent, as expeditiously as possible on the production of a copy of this judgment along with a copy of this writ petition. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/