IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 7447 of 2010(E) ------------------------- PETITIONER(S): ------------------ ROSE SUNNY, W/O.SUNNY, AGED 40, EDATHOTTIYIL HOUSE, EDAMARUKU KARA, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK, REP. BY POWER OF ATTORNEY HOLDER, MATHUKUTTY, S/O.THOMAS, THOOPEL HOUSE, EDAMARUKU KARA, UDUMBANNOOR. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): ------------------- 1. SECRETARY, UDUMBANNOOR GRAMA PANCHAYATH, UDUMBANNOOR P.O., THODUPUZHA TALUK. 2. UDUMBANNOOR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, UDUMBANNOOR P.O., THODUPUZHA TALUK. ADV. SRI.V.V.RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.7447 OF 2010 (E) -------------------------------------------------- Dated this the 15th day of March, 2010 J U D G M E N T This writ petition is filed challenging Exts.P6 and P7. By these orders the structure belonging to the petitioner is ordered to be demolished. The main contention raised by the counsel for the petitioner is that neither Ext.P6 nor Ext.P7 were served either on the petitioner herself or her power of attorney holder. 2. It was in view of the above submission, the case was adjourned with a direction to the Standing Counsel for the Panchayat to obtain instructions in the matter. He has obtained instructions and submits that in view of the non-availability of the Petitioner and the power of attorney holder, the order has been served on the husband of the petitioner. Evidently therefore there is no proper service of the impugned order on the affected party or her power of attorney holder. In these circumstances the challenge of the petitioner is justified. 3. Now that Exts.P6 and P7 has been issued by the Panchayat and copies of which has been received by the petitioner, the statutory remedy of appeals before the Tribunal for WPC.No. 7447 /2010 :2 : Local Self Government Institution and the petitioner should avail of the same. 4. Writ petition is therefore disposed of directing that it will be open to the petitioner to file appeal against Exts.P6 and P7, treating these as orders served on her. It is directed that if appeal is filed within 30 days from today, in the aforesaid circumstances, it will be treated as filed within time and on that basis the Tribunal shall consider the matter on merits. In order to enable the petitioner to move the Tribunal and obtain appropriate interlocutory orders in the matter, it is directed that further proceedings pursuant to Exts.P6 and P7 be kept in abeyance for a period of 4 weeks from today. (ANTONY DOMINIC) JUDGE vi/