IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 35249 of 2010(E) -------------------------------------- PETITIONERS: --------------------- 1. RAJAMMA,W/O.MANIYAN,KUMBALATH HOUSE, UDAYANAPURAM P.O, VADAKKEMURI,VAIKOM. 2. MANIYAN,S/O.VELAYUDHAN,KUMBALATH HOUSE, UDAYANAPURAM P.O,VADAKKEMURI,VAIKOM. BY ADVS. SRI.K.G.BALASUBRAMANIAN, SMT.AMBILY (PREMKUMAR). RESPONDENT: --------------------- UDAYANAPURAM GRAMA PANCHAYATH COMMITTEE, REPRESENTED BY ITS SECRETARY, PADINJAREKKARA, P.O -686 671. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 35249 OF 2010 -------------------------- Dated this the 24th day of November, 2010 J U D G M E N T The prayer in this writ petition is for a direction to the Udayanapuram Grama Panchayat to consider and dispose of Ext.P6 appeal. Ext.P6 is styled as an appeal to the Committee of Udayanapuram Grama Panchayat challenging Ext.P4 notice dated 8.11.2010 issued by the secretary of that Grama Panchayat. By Ext.P4, the Secretary directed the second petitioner to demolish and remove an unauthorised construction. Earlier, Ext.P1 notice dated 31.8.2010 was issued calling upon the second petitioner to stop the unauthorised construction. It is evident from Exts.P1 and P4 that they are notices/orders issued under section 235W of the Kerala Panchayat Raj Act. Under section 276 of the said Act, an appeal lies from an order passed by the Secretary of a Grama Panchayat under the provisions of 235W, will lie only to the Tribunal for Local Self Government Institutions. I am therefore persuaded to hold that Ext.P6 appeal is not maintainable before the committee of the Panchayat and therefore the relief prayed for by the petitioners cannot be granted. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioners to challenge Ext.P4 in appeal before the Tribunal for Local Self Government Institutions. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2 WPC No. 3