IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
REJI T. VARGHESE – Appellant
Versus
MANARCAUD GRAMA PANCHAYAT – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.