JUDGMENT
The petitioner has approached this Court challenging Exhibit P2 resolution of the Grama Panchayat, whereby they have recorded no objection for assigning 1.14 Ares land in favour of the 5th respondent, as it is not required for any purpose of the Panchayat.
2. Heard the learned counsel for the petitioner, learned counsel appearing for the Panchayat, the learned Government Pleader as well as the learned counsel appearing for the 5 respondent.
3. In the counter affidavit filed by the 5 respondent, objection has been taken with regard to the maintainability of the Writ Petition. It is stated that the resolution of the Panchayat cannot be challenged in a Writ Petition and it can only be challenged in a manner provided under Section 191 of the Kerala Panchayat Raj Act. It is also stated that as per order No. B5-2201/2012 dated 13.4.2012, the Revenue Divisional Officer has rejected the application filed by the 5 respondent for assignment and the 5 respondent has filed an appeal against the same.
4. The learned counsel appearing for the Panchayat also submitted that there is no real grievance for the petitioner and the resolution has been passed after taking various consideration in the matter.
The learned counsel for the petitioner submitted that the petitioner may be allowed an opportunity to challenge the resolution under Section 191 of the Panchayat Raj Act. Without prejudice to the right of the petitioner to challenge the same, the Writ Petition is disposed of.