Petitioners must represent directly to the Panchayath regarding grievances if no representation was made previously for adjudication.

Headnote:
Writ - Panchayati Raj - Section 220(b) - The court addressed the petitioners' lack of representation and advised them to approach the Panchayath with a proper representation regarding their grievances under the relevant act's provisions.
Fact of the Case:

The petitioner filed a writ petition seeking to quash certain proceedings and expressed grievances pertaining to decisions by a Panchayath, referencing the Panchayati Raj Act.
Finding of the Court:

The court noted the absence of representation from the petitioners and allowed for further action only if a new representation was made to the Panchayath regarding the issues raised under the Act.
Issues: Whether the petitioners’ grievances under the Panchayath proceedings warranted intervention or required submission of a new representation.
Ratio Decidendi: The court determined that without representation, the matters could not be adjudicated, and the petitioners were encouraged to approach the Panchayath directly.
Final Decision: The Writ petition is closed with liberty to approach the Panchayath.

JUDGEMENT

This writ petition is filed by the petitioner seeking the following reliefs:

“i) issue a writ of certiorari or any appropriate writ or direction after calling for the records leading to Ext.P2 & P2 (a) and quash the same.

ii) grand any appropriate writ order or direction which this Hon'ble court deems fit on the facts and circumstances of this.

iii) issue such interim order as may be prayed for from time to time.

iv) order cost of this proceedings”[SIC]

2. When this Writ petition came up for consideration on 25.07.2014, this Court passed the following order:

“Heard. Admit. Learned Govt. Pleader takes notice for respondent No.1. Issue notice to respondent No.2 by speed post. Further action pursuant to Ext.P2(a) shall be kept in abeyance for a period of two weeks.

Post after two weeks after completion of service in the petition list.”

3. The above interim order was extended until further orders on 18.11.2014. Subsequently, when the matter came up for consideration on 07.03.2024, this Court passed the following order:

“There is no representation for the petitioners.

It is submitted that the counsel appearing for the petitioners is no more.

The Registry will issue notice with acknowledgement card due to the petitioners.

Post on 1/4/2024.”

4. Even after sending notice to the petitioners, there is no appearance for the petitioners. In such circumstances, this Writ petition need not be retained here. If the petitioners are aggrieved by the proceedings of the Panchayath by which the contention of the petitioners based on the proviso to Section 220 (b) of the Panchayath Raj Act is not considered, the petitioners are free to approach the Panchayath with appropriate representation within a period of one month and if such a representation is received, the Panchayath will pass appropriate orders in accordance with law after giving an opportunity of hearing to the petitioners. If no representation is received, the Panchayath can proceed in accordance with law.

With the above observation, this Writ petition is closed.

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2024 Supreme(Online)(KER) 3141

HIGH COURT OF KERALAP.V.KUNHIKRISHNAN, JSAILESH – AppellantVersusSTATE OF KERALA – RespondentWP(C) 19184/2014

Petitioners must represent directly to the Panchayath regarding grievances if no representation was made previously for adjudication.

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SAILESH – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 19184/2014