The court allows the petitioner to raise jurisdiction issues before the Panchayat, affirming local authority to proceed with the hearing.

JUDGMENT

The above writ petition is filed seeking the following reliefs:

“i) Call for the records leading to Ext.P2 and P4 and to quash the same by writ of certiorari;

ii) Issue a writ of mandamus or any other appropriate writ or order or direction, commanding the 1st respondent to consider the Ext P3 representation and to defer all the coercive proceedings pursuant to Ext P2 and P4 till the consideration of Ext P3 representation, in the interest of justice.

iii) Issue such other reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

iv) Kindly issue direction dispensing with the production of English translation of Malayalam documents.” [SIC]

2. The petitioner is aggrieved by Ext.P4 hearing notice issued by the Panchayat. According to the petitioner, the Panchayat has no authority to consider the issue. Hence, this writ petition is filed.

3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel for the Panchayat and also the learned Government Pleader.

4. After hearing both sides, I am of the considered opinion that this Court need not interfere with Ext.P4 hearing notice issued by the Panchayat. The petitioner can submit all the contentions before the Panchayat including the jurisdiction of the Panchayat to proceed with the enquiry. The Secretary to the Panchayat will first decide whether he has got jurisdiction to proceed with the case and thereafter sufficient opportunity of hearing also should be given to the petitioner.

Therefore, this writ petition is disposed of with the following directions:

1. The petitioner is free to submit his objection against Ext.P4 before the 1^st respondent, within a period of three weeks from the date of receipt of a certified copy of this judgment. The petitioner is free to raise the question of jurisdiction to decide the matter also in that objection.

2. Once the objection is received, the 1^st respondent will consider the same and pass appropriate orders in it, after giving sufficient opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.

3. Till final orders are passed in this case, the status quo as on today, will continue.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE nvj