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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
REJI T. VARGHESE – Appellant
Versus
MANARCAUD GRAMA PANCHAYAT – Respondent
| Table of Content |
|---|
| 1. seeking to quash notices issued as illegal under the kerala panchayat raj act. (Para 1 , 2) |
| 2. discussion on the authority of the secretary in issuing notices. (Para 3 , 4) |
| 3. clarification of the role of the village panchayat versus the secretary. (Para 5 , 6) |
| 4. determination that the secretary lacks authority under section 238. (Para 8) |
JUDGMENT
This Writ Petition (C) is filed seeking the following reliefs:
" (i) to call for the records leading to the issuance of Exhibits.P2 and P5 letters and P6 notice issued by the 2nd respondent to the petitioner and quash the same being highly illegal and arbitrary by issuance of a writ of certiorari.
(ii) to issue a declaration that the 2nd respondent has no authority whatsoever under Section 238 (1) (a) of the Kerala Panchayat Raj Act, 1994 , to issued directions or notice as evinced from Exhibits.P2 and P5 letters and P6 notice."
[SIC]
2. Petitioner is aggrieved by Exts.P2, P5 and P6 issued by the 2nd respondent to the petitioner, which was issued invoking the powers under Section 238 (1)(a) of the Kerala Panchayat Raj Act, 1994 (for short Act 1994). The short point raised by the petitioner is that, as per Section 238 (1)
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