The petitioner has filed this writ petition seeking the following reliefs :
“i) to call for the records leading to Ext.P3 decision of 6th respondent and Ext.P4 letter of 2nd respondent and quash the original of the same, by the issuance of a writ of certiorari;
ii) to issue a writ of mandamus or any other appropriate writ, order or direction to respondents 1, 2, 4 and 5 directing them not to construct the disputed well as requested in Ext.P1 complaint.
Iii) to issue such other appropriate writ, order or direction, which this Hon'ble Court may deem fit and proper on the facts of the case, including the costs of the petitioner in this proceeding.”
2. Ext.P3 is a resolution passed by the 1st respondent Panchayat, disposing of a mass petition submitted by the petitioner and others. The contention of the petitioner is that, the Panchayat had no authority to consider or take a decision on the representation that was submitted to the Secretary. The Panchayat being the appellate authority, it is contended that, Ext.P3 is unsustainable and liable to be set aside.
3. The counsel for the Panchayat submits that the petitioner has an alternative remedy provided by the statute against Ext.P3. The petitioner ought to have invoked the said statutory remedy.
W.P.(C) No.28540 of 2014 2 Therefore, it is contended that the writ petition is not maintainable.
4. In answer to the above contention, it is pointed out by the learned counsel for the petitioner Sri.Kuruvila Jacob that Ext.P3 resolution was never communicated to the petitioner. He came to know about Ext.P3 only when he received a copy of the counter affidavit in W.P.(C).No.16297/2014, that is pending before this Court.
5. In view of the fact that, the petitioner has an effective alternative remedy against Ext.P3 before the Tribunal for Local Self Government Institutions, I am not inclined to admit this writ petition. The petitioner not having been communicated with a copy of Ext.P3 shall be entitled to compute the period of limitation from the date of his knowledge of Ext.P3.
This writ petition is therefore dismissed, without prejudice to the rights of the petitioner to challenge Ext.P3 before the Tribunal for Local Self Government Institutions, Thiruvananthapuram computing the period of limitation from the date of his getting knowledge of Ext.P3.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV