IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 14034 of 2007(U) ------------------------------------------ PETITIONER(S): ------------------------ 1. JAMES, AGED 35, S/O.DEVASSIA, VATTANIRAPIL HOUSE, NHEEZHUR P.O., KOTTAYAM DISTRICT. 2. JOSHY SEBASTIAN,AGED 32,S/O.SEBASTIANE, VATTANERAPEL HOUSE, NHEEZHUR P.O., KOTTAYAM DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------------------- 1. THE NHEEZHUR GRAMA PANCHAYATH,REP. BY ITS SECRETARY,NHEEZHUR P.O.,KOTTAYAM DISTRICT. 2. THE SECRETATRY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 3. LUKA GEORGE,S/O.VARKEY,THURUTHUPALLY HOUSE, NHEEZHUR,KOTTAYAM DISTRICT. R1 BY ADV.MR.S.RADHAKRISHNAN R3 BY ADVS. MR.T.A.SHAJI, SMT.T.V.NEEMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14034/2007 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESOLUTION NO.7 OF THE FIRST RESPONDENT DTD. 23/09/06. P2: COPY OF THE JUDGMENT IN O.S.NO.510/96 DTD. 31/07/06 BEFORE THE MUNSIFF COURT, VAIKKOM. P3: COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE DISTRICT COURT, KOTTAYAM DTD. 16/03/2007. P4: COPY OF THE APPLICATION I.A.NO.335/07 IN UNNUMBERED APPEAL BEFORE THE DISTRICT COURT, KOTTAYAM DTD. 16/03/07. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 14034 OF 2007 ............................................ DATED THIS THE 14TH DAY OF SEPTEMBER, 2009 JUDGMENT The petitioners project a case of mal administration, abuse of power and failure to take due action in relation to a piece of land which the petitioners state, has been illegally attempted to be transferred off by the first respondent Grama panchayat to the third respondent. The third respondent sued the panchayat, State Government and others before the civil court and succeeded on default. Two other persons, one C.J.Benny and Sunny Joseph have sought leave of the District Court, Kottayam to appeal against that verdict. It is stated by the learned counsel that the said matter is pending. The grievance of the petitioners is that the decree of the civil court in favour of the third respondent is a fraudulent and collusive one obtained by ensuring that the panchayat did not contest the matter. The petitioners point out that the panchayat had no authority to alienate its property to the third respondent. It is also stated that transfer, if any, is against the larger public interest. These are matters that the Wpc 14034/2007 2 petitioners could also place for consideration of the District Court, Kottayam before which, Ext.P3 appeal and application for leave are stated to be pending. Preserving all rights of the petitioner to seek such relief, this writ petition is dismissed, without entering on merits. It is clarified that this judgment does not conclude any issue on merits. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/15/9