IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 27787 of 2008(G) ------------------------------------- PETITIONER(S): ----------------------- ANILA SINDHU, W/O. KAMALASANAN, AGED 40 YEARS, SYAM NIVAS, POTHIYARUVILA, THUDAYANNOOR MURI, ITTIVA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): ------------------------ 1. THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ITTIVA GRAMAPANCHAYATH, REPRESENTED BY ITS SECRETARY, ITTIVA, KADAKKAL, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 3. THE PRESIDENT, ITTIVA GRAMA PANCHAYATH, ITTIVA, KADAKKAL, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY GOVERNMENT PLEADER SMT. K.R. DEEPA ADV. SRI.P.B.SAHASRANAMAN, SC FOR R2 & 3 SRI.K.JAGADEESH FOR R2 & 3 SRI.T.S.HARIKUMAR FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2008, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27787 of 2008(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - A COPY OF THE LAND TAX RECEIPT DATED 25.08.2008 ISSUED BY THE VILLAGE OFFICER, ITTIVA. EXT.P2 - A COPY OF THE BUILDING TAX RECEIPT NO. 74332 DATED 25.07.2008 ISSUED BY THE 2ND RESPONDENT. EXT.P3 - A COPIES OF THE OWNERSHIP CERTIFICATES DATED 25.08.2008 ISSUED BY THE 2ND RESPONDENT. EXT.P4 - A COPY OF THE COMPLAINT OF THE PETITIONER DATED 13.08.2008 TO THE 1ST RESPONDENT. EXT.P5 - A COPY OF THE NOTICE - DATED 12.08.2008 ISSUED BY THE 2ND RESPONDENT. EXT.P6 - A COPY OF THE APPEAL DATED 10.09.2008 BEFORE THE 3RD RESPONDENT. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.27787 of 2008 ================== Dated this the 25th day of September, 2008. J U D G M E N T The petitioner is the wife of the owner of a property in which there is a building. A construction was made in the property as an extension to the building already in existence. Ext.P5 order has been issued by the Secretary to the 2nd respondent, Panchayat directing demolition of the construction on the ground that the same is unauthorised and illegal. The petitioner has filed Ext.P6 appeal before the Panchayat committee. The petitioner seeks a direction to the Panchayat to consider and pass orders on Ext.P6 appeal and to stay further proceedings pursuant to Ext.P5 till disposal of the appeal. 2. The learned Standing Counsel for the Panchayat points out that Ext.P5 is an order passed under Section 235W and under Section 276, an appeal would lie to the Panchayat only against the order passed under the provisions of the Kerala Panchayat Raj Act except Sections 235 I, 235 J, 235 N, 235 W and 235 X. The counsel for the Panchayat therefore submits that this being an order under Section 235 W, appeal would lie W.P(C)No.27787 of 2008 - 2 - only to the Tribunal. 3. I have heard both sides. I am satisfied that Ext.P6 appeal is not maintainable and the petitioner's remedy lies in filing an appeal before the Tribunal under Section 276(4) of the Panchayat Raj Act. Accordingly, without prejudice to the right of the petitioner to challenge Ext.P5 before the Tribunal in an appeal, this writ petition is dismissed. In order to enable the petitioner to file an appeal and seek interim orders, I direct that further proceedings pursuant to Ext.P5 shall be kept in abeyance for a period of two weeks. S.SIRI JAGAN, JUDGE rhs