Extracted from the PDF above. The PDF is authoritative.
2025:KER:27913 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 13230 OF 2025 PETITIONER:
MERCY ANDREW AGED 52 YEARS W/O. ANDREWS, RESIDING AT MANISH VILLA, PATTATHANAM P.O.KOLLAM, PIN - 691021 BY ADVS.
S.SREEKUMAR (KOLLAM) K.VIJAYAN NAMITHA RAJESH NITHYA V.D.
ABHILASH T.
RESHMI SASIDHARAN RESPONDENTS: 1 CHAVARA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KOTTANKULANGARA, BHARANIKAVU ROAD, PUTHUKKAD, CHAVARA, KOLLAM, PIN - 691585 2 M/S. RELIANCE INFRATEL LTD 7TH FLOOR, DD TRADE TOWER, KALOOR, KADAVANTHRA ROAD, KOCHIN,PIN - 682017 REPRESENTED BY ITS AUTHORIZED OFFICER, BY ADV. M.R SASITH PANICKER, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:27913 W.P.(C). No.13230 of 2025 -:2:- BECHU KURIAN THOMAS, J. ----------------------------------------- W.P.(C). No.13230 of 2025 ------------------------------------------- Dated this the 1st day of April, 2025 JUDGMENT Petitioner challenges Exhibit-P2 demand notice issued by the 1st respondent Panchayat towards the Telecom Tower setup by the 2nd respondent in petitioner’s property. Since the aforesaid demand notice is appealable under the provisions of the Panchayt Raj Act, 1994, exercise of jurisdiction under Article 226 of the Constitution of India is not warranted.
2. Having heard the learned counsel for the petitioner as well as the learned Standing Counsel for the 1st respondent, I am of the view that the petitioner ought to be relegated to pursue her statutory remedies. Accordingly, reserving the liberty of the petitioner to pursue the statutory remedies, the writ petition is dismissed. Sd/- BECHU KURIAN THOMAS JUDGE Jka/01.04.25.
2025:KER:27913 W.P.(C). No.13230 of 2025 -:3:- APPENDIX OF WP(C) 13230/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CONFORMATION LETTER SIGNED BY THE 2ND RESPONDENT AND THE PETITIONER DATED NIL Exhibit P2 THE TRUE COPY OF THE RR DEMAND NOTICE DATED 12.03.2025 ISSUED BY THE 1ST RESPONDENT Exhibit P3 THE TRUE COPY OF THE OBJECTION DATED 20.3.2025 FILED BY THE PETITIONER AGAINST EXHIBIT- P2 DEMAND NOTICE