IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 W.P(C).No. 18187 of 2008(M) ---------------------------------- PETITIONER: -------------- ABDUL KAREEM, AGED 46, S/O. VEERAVU, NALUMURIKKAL HOUSE, KOTTAPURAM, ALANGAD.P.O, ERNAKULAM DT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: ----------------- 1. ALANGAD GRAMAPANCHAYATH, REP. BY SECRETARY, ALANGAD.P.O, ERNAKULAM DT. 2. ADIMA.C.A, PRESIDENT, ALANGAD GRAMAPANCHAYATH, CHERUPILLY HOUSE, PANAYIKULAM.P.O, ERNAKULAM DT. 3. SUMA VIJAYAN, MEMBER, ALANGAD GRAMA PANCHAYATH COMMITTEE, KANDANAD HOUSE, MALIYAMPEEDIKA, ALANGAD.P.O, ALUVA. 4. MURALI, S/O. ACHU, CHENGANALIL HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O, PIN-683 511. 5. SANTHOSH RAMACHANDRAN, VELIYATH HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O. 6. BABU, S/O. KRISHNAN, VEEPPAT HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O. 7. KUTTAN, S/O. RAMAN, VEEPPAT HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O. WPC NO.18187/2008(M) =: 2 := 8. UNNI, S/O. RAMAN, VEEPPAT HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O. 9. VIJAYAN, S/O. KRISHNAN ACHARI, MELADATH HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O. 10. AJI, S/O. SIVAN, KANDANAD HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O. 11. RAMESH, S/O. RAJAPPAN, NALUMURIKKAL HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O. 12. SUNI, S/O. NARAYANAN, VEEPPAT HOUSE, MALIKAMPEEDIA, ALANGADL.P.O. 13. ABDUL NAZEER, S/O. VEERAVU, NALUMURIKKAL HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O. 14. SIVARAMAN, S/O. PANKAN PILLAI, KANDANAD HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O. 15. NARAYANAN, VEEPPAT HOUSE, MALIKAMPEEDIKA, ALANGAD.P.O. 16. ARUN RAMACHANDRAN, LAKSHMI NIVAS, MALIKAMPEEDIKA, ALANAGAD.P.O. 17. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ERNAKULAM DT. BY ADV. SRI.DINESH MATHEW J.MURICKEN FOR R1,2 BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 18187 OF 2008 - M = = = = = = = = = = = = = = = Dated this the 26th June 2008 J U D G M E N T According to the petitioner, there is an imminent threat of of demolition of his compound wall for the construction of a drainage through his property. It is considering the above submission made by the learned counsel for the petitioner, notice was ordered to be served on the Panchayat by special messenger. 2. Today, the Standing Counsel for the Panchayat appears and submits that complaints were received and there were allegations that the drainage has been blocked by the petitioner. It is also stated that the both parties were called for a personal hearing and were heard on 16.6.2008 and that before any decision was taken by the Panchayat this writ petition was filed. It is stated that since the Panchayat is yet to take a decision in the matter the writ itself is premature. Learned counsel for the petitioner points out that though the petitioner appeared for the personal hearing on W.P.(C) No. 18187 OF 2008 -2- 16.6.2008 he was not in fact heard by the Secretary and that by the time he appeared the Panchayat had already taken a decision to demolish the compound wall. 3. In my view, this is a dispute which cannot be resolved in a writ petition. That apart, any decision that the Panchayat may ultimately take, if it is adverse to the petitioner, can be appealed against before the statutory authorities. Apart from the above, taking note of the petitioner's complaint that he has not been heard, I dispose of this writ petition with the following terms: i) That the Secretary to Panchayat shall grant an opportunity of hearing to the petitioner and if necessary the other parties also shall be heard. ii) Once parties are heard as above, the Secretary shall pass orders in the matter taking note of Ext. P4 also and communicate the same to the parties including the petitioner. iii) If the order to be passed by the Secretary as above is adverse to the petitioner, the same shall not be implemented for a period of 3 weeks and in the meantime it will be open to the petitioner to pursue the statutory remedies available to him and W.P.(C) No. 18187 OF 2008 -3- obtain such orders as he deems fit to safeguard his interest. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-