This writ appeal challenges a writ petition where the High Court dismissed the petition at the admission stage without granting further relief regarding the Panchayat's notice to remove boards from private estate roads. The Supreme Bench dismissed the appeal.
The writ appeal was dismissed at the admission stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932
WA.No. 1405 of 2010
-----------------------AGAINST THE JUDGEMENT IN WPC.9344/2010 Dated 16/06/2010
APPELLANTS/PETITIONERS
BY ADV. SRI.CHERIAN GEE VARGHESE
SRI.P.HARIDAS
RESPONDENTS/RESPONDENTS
---------------------------------1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM.
R1 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS R2 & R3 BY ADV.SRI.MOHAN JACOB GEORGE R4 BY ADV. SRI.R.KRISHNA RAJ
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.Chelameswar, C.J. & P.R.Ramachandra Menon, J.
W.A. No. 1405 of 2010
Dated this the 26th day of October, 2010
JUDGMENT
J.Chelameswar, C.J.
Aggrieved by a judgment dated 16th June, 2010 in W.P.
(C) No.9344 of 2010, the unsuccessful petitioners therein preferred the present writ appeal.
roads in a rubber estate admeasuring a large extent of 2263 Acres and the Panchayat has no manner of jurisdiction to call upon the appellants to do or desist from doing anything in their private property.
W.A.No.1405 of 2010
notice the appellants have already submitted their written objection. In the circumstances, a learned Judge of this Court by the judgment under appeal disposed of the writ petition without granting any further relief with an observation that the Panchayat will examine the objection raised by the appellants and take appropriate decision thereon.
W.A.No.1405 of 2010
In the circumstances, we do not see any reason to interfere with the judgment under appeal and the writ appeal is dismissed at the admission stage.
J.Chelameswar, Chief Justice
P.R.Ramachandra Menon, Judge
vns
2 issues framed by the court
Whether the High Court should interfere with the lower court's decision dismissing the writ petition without further relief.
Whether the High Court should decide questions of fact regarding the right, title, and possession of the appellants in the property.
Gospel for Asia
Jacob C.Philip
State of Kerala
The President, Erumeli Grama Panchayath
Ajikumar
J.Chelameswar
P.R.Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
