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2026 Supreme(Online)(Ker) 7444

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
REJI T. VARGHESE – Appellant
Versus
MANARCAUD GRAMA PANCHAYAT – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.S.RANJIT, SRI.GOKUL DAS V.V.H.
For the Respondents: SHRI.HARISH ABRAHAM, SRI.JOSEPH ABRAHAM, SRI.SURIN GEORGE

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)(b) of the Act 1994, the Secretary has no jurisdiction to issue such a direction and only the Village Panchayat has the power. Hence, this writ petition.

3. Heard counsel for the petitioner and the Standing Counsel appearing for the Panchayat. I also heard the counsel appearing for the party respondents.

4. The counsel for the party respondents submitted th

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