The Secretary cannot determine the maintainability of an appeal filed against an order they issued; such determination must be made by the Panchayat Committee.

J U D G M E N T

The above Writ Petition (Civil) is filed with the following prayers:

"i) Issue a Writ of Certiorari or other appropriate writ, order or direction quashing Exhibit p4 and P6.

ii) Issue writ of Mandamus or other appropriate writ order or direction directing the 1^st and 3^rd respondents to consider and dispose of Exhibit P5 Appeal in accordance with Law.

iii) Issue such other appropriate writ order or direction that this Honourable Cout may deem fit and proper in the facts and circumstance of the case.

iv) The petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in Vernacular language." [SIC]

2. The petitioner, aggrieved by Ext.P4 order of the Secretary of the Cheranalloor Grama Panchayat, filed Ext.P5 appeal before the Committee of the Cheranalloor Grama Panchayat. A reading of Ext.P6 shows that the Secretary who passed Ext.P4 has issued the order stating that the appeal is not maintainable and the petitioner has to file the appeal before the Tribunal for Local Self Government Institutions. I am of the considered opinion that, such an order cannot be passed by the Secretary of the Panchayat as the appeal is filed against an order that has been passed by the Secretary himself. If the Panchayat Committee concludes that the appeal is not maintainable, the Panchayat Committee can pass appropriate order. Hence, Ext.P6 is unsustainable. Therefore, this writ petition is disposed of with the following directions:

1. Ext.P6 is set aside.

2. The Panchayat Committee of the 1^st respondent Panchayat will consider Ext.P5 and pass appropriate order in accordance with law.

3. I make it clear that I have not considered the maintainability of the appeal or the merit of the case. The Panchayat Committee can pass appropriate orders in accordance with law.

Sd/-

P. V. KUNHIKRISHNAN JUDGE MMG APPENDIX OF WP(C) NO. 42435 OF 2024 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1694 DATED