J U D G M E N T

Plaintiff in O.S.715/99 on the file of Principal Munsiff court-I, Kozhikode is the appellant. Defendant panchayat is respondent. Appellant filed the suit seeking a decree for injunction restraining respondent from demolishing the compound wall. The suit was filed without sending a notice as mandated under Section 249 of Kerala Panchayat Raj Act. Respondent in the written statement contended that suit is maintainable without sending a notice as provided under Section 249 of Kerala Panchayat Raj Act as urgent relief is to be obtained. Learned Munsiff after framing necessary issues and recording the evidence, dismissed suit holding that suit is not maintainable without a notice under Section 249 of Kerala Panchayat Raj Act. Learned Munsiff also found that appellant did not obtain a license to construct the compound wall and therefore is not entitled to the decree. Appellant challenged the decree and judgment before District court, Kozhikode in A.S.237/2003. Learned Additional District Judge on re-appreciation of evidence confirmed the findings of learned Munsiff that suit without notice under Section 249 of Kerala Panchayat Raj Act is not maintainable and confirmed the