Petitioner challenged a Panchayath's proposal to enclose a road puramboke with a wall, which would cut off access to the public road. The Court held it could not interfere without deciding the right of way issue, dismissing the petition with a civil court remedy and a specific exception to approach revenue authorities.
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 HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937
WP(C).No. 7912 of 2005 (P)
PETITIONER :
S.KARUNAKARAN, S.K.V. NILAYAM, OORUTTAMBALAM, THIRUVANANTHAPURAM.
BY ADVS.SRI.L.MOHANAN SMT.LIGEY ANTONY
RESPONDENT(S):
1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
2. MARANALLOOR PANCHAYAT, REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE, MARANALLOOR.
R1 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R2 BY ADVS. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.7912/2005
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
/TRUE COPY/
P.A.TO JUDGE
sts
A. MUHAMED MUSTAQUE, J.
W.P.(C) No. 7912 of 2005
Dated this the 5th day of January, 2016
J U D G M E N T
The petitioner approached this Court for the following
reliefs;
..2..
W.P.(C) No. 7912 of 2005
panchayath, it is contended that the said land is not a 'road puramboke'. According to them, the said property belongs to the panchayath and the panchayath has every right to protect their property. It is further contended that the petitioner has access to his property through some other land. The respondent panchayath also produced a sketch along with the counter affidavit.
Therefore, this writ petition is dismissed, reserving the right of the petitioner to approach a civil court. However, this judgment will not stand in the way of the petitioner to approach the revenue authorities for assignment, if the petitioner has a case that the said land belongs to Revenue Department.
Sd/- A. MUHAMED MUSTAQUE, JUDGE
bka/7.1.16
1 issue framed by the court
Whether the Court can interfere with the proposal to enclose a road puramboke by the Panchayath without deciding the petitioner's right of way.
S.KARUNAKARAN
THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM
MARANALLOOR PANCHAYAT
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
