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2009 Supreme(Ker) 654

THOTTATHIL B.RADHAKRISHNAN
R. Reghuvara Panicker – Appellant
Versus
The Secretary – Respondent


Advocates Appeared:For the Petitioner:B. Krishna Mani, Advocate. For the Respondents:

Judgment :

1. The petitioner and the second respondent are neighbors. The petitioner challenges orders issued by the Ombudsman for Local Self Government Institutions on a complaint by the second respondent alleging inaction of the first respondent, the secretary of a grama panchayat, on his complaint regarding overhanging branches of a tree belonging to the petitioner. The writ petitioner appeared before the Ombudsman. It was noticed by the learned Ombudsman that the second respondent stands to face a suit filed by the petitioner for injunction against trespass and felling of the tree by committing trespass. Learned Ombudsman rightly took the view that the pendency of that suit will not stand in the way of the panchayat authorities exercising statutory jurisdiction under the Kerala Panchayat Raj Act, 1994, hereinafter the 'Act', for short. It was also noted that the panchayat is not a party to that suit. Accordingly, Ext.P4 was issued, requiring the secretary of the panchayat to look into the objections of the petitioner and consider the request of the second respondent herein and to proceed with the matter in accordance with law. This is under challenge.

2. It is true that the lear




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