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2024 Supreme(Ker) 144

MURALI PURUSHOTHAMAN
Padmanabhan P. K. , S/o. Devaki Amma (Late) – Appellant
Versus
The Deputy Director of Panchayaths, Malappuram – Respondent


Advocates Appeared:
For the Petitioner: K. Rakesh.
For the Respondent: GP Smt. Devishree.

JUDGMENT :

The question arising for consideration in this writ petition is how to initiate a challenge against a resolution of the Panchayat that is purportedly illegal.

2. Alleging that the 4th respondent had filled up a thodu vested in the panchayat and passing through the side of her property, the mother of the petitioner approached this Court by filing W.P.(C) 41352 of 2017. During the pendency of the said writ petition, the Panchayat took Ext.P1 decision to maintain the road and the thodu as such and the nearby agriculturists were permitted to take their, vehicles for agricultural operations through the said road. This Court observed that if the petitioner is aggrieved by the said decision, her remedy lies elsewhere, and reserving her liberty to initiate an appropriate challenge against Ext.P1, the writ petition was disposed of vide Ext.P2 judgment.

3. On the death of the petitioner's mother, the property devolved upon the petitioner and in the light of the observation in Ext.P2 judgment, he preferred Ext.P3 representation before the 3rd respondent, the Secretary of the Panchayat seeking to review Ext.P1 resolution. Since no orders were passed on Ext.P3, this writ petition is fil

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