The Secretary of the Panchayat cannot exercise powers under Section 238 of the Kerala Panchayath Raj Act; such powers reside with the Panchayat Committee.

J U D G M E N T

The petitioners are stated to be senior citizens, permanently residing within the territorial limits of the 1^st respondent Panchayath. The petitioners have filed this writ petition, pointing out that, as a retaliatory measure to certain complaints filed by the petitioners against the 4^th respondent herein, the 4^th respondent has filed a complaint against the petitioners, pointing out that the Anjili tree in the petitioners' property is causing nuisance to the 4^th respondent. On the basis of the said complaint filed by the 4^th respondent, the Secretary of the Panchayath has issued Ext.P7 notice directing the petitioners to cut and remove the branches of the Anjili tree over hanging into the property of the 4^th respondent. Ext.P7 has been followed with Ext.P12, informing the petitioners to act as directed in Ext.P7, with reference to the provisions of Section

238 of the Kerala Panchayath Raj Act .

2. Heard Sri.Peter Jose Christo, the learned counsel for the petitioners as well as Sri.Sunil Nath, the learned Government Pleader.

3. The short question arising for consideration in this writ petition is as to whether the Secretary of the Pancahayat can issue proceedings in the nature of Exts.P7 and P12 with reference to the provisions of Section 238 of the Kerala Panchayath Raj Act . This Court inThankamma v. Ezhumattur Grama Panchayat [2001 (2) KLT 596] has considered a similar issue, finding that it is for the Panchayath Committee to take a decision and act on the basis of the decision with reference to the provisions of Section 238 of the Kerala Panchayath Raj Act . It has been categorically laid down by this Court that the powers under Section 238 cannot be invoked by the Secretary of the Panchayat.

4. In that view of the matter, I am of the opinion that petitioners are entitled to succeed. Exts.P7 and P12 issued as above are therefore quashed.

5. The petitioners would also point out that the complaints filed by the petitioners against the 4^th respondent at Exts.P4 and P5 have not been acted upon by the respondent Panchayat. There will be a direction to the respondent Panchayat to take note of Exts.P4 and P5 complaints filed by the petitioners as expeditiously as possible and to take a decision thereon within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is allowed as above.