The High Court dismissed a writ petition challenging the use of public funds to concrete a road. The court held the road was included in the Panchayat Asset Register despite a name error, finding the petition misconceived.
The writ petition was dismissed as it was found to be wholly misconceived.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941
WP(C).No.2589 OF 2020(S)
PETITIONER:
ELVIS J.ALEX, VACHAPARAMBIL HOUSE, CHERUVALLY P.O., MANIMALA, KOTTAYAM, PIN-686543.
BY ADV. SRI.S.SREEDEV
RESPONDENTS:
1 THE SECRETARY, CHIRAKKADAVU GRAMA PANCHAYAT, CHIRAKKADAVU GRAMA PANCHAYAT OFFICE, PONKUNNAM P.O., KOTTAYAM, PIN-686506.
2 CHIRAKKADAVU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PONKUNNAM P.O., KOTTAYAM, PIN-686506.
3 SRI.JAYASREEMURALIDHARAN, ELECTED WARD MEMBER, WARD XI, CHIRAKKADAVU GRAMA PANCHAYAT OFFICE, PONKUNNAM P.O., KOTTAYAM, PIN-686506.
RESPONDENT NO.5 IS DELETED FROM THE ARRAY OF PARTIES AS PER ORDER DATED 30/01/2020 IN WPC.
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7 THE SECRETARY, LSGD, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
8 LAJI THOMAS, MADATHANIKKUNNEL HOUSE, NEAR MIDAS FACTORY, CHERUVALLY POST, MANIMALA, KOTTAYAM, PIN - 686543.
RESPONDENTS 8 & 9 ARE IMPLEADED AS PER ORDER DATED 3.3.2020 IN I.A. NO.1 OF 2020 IN W.P.(C) NO.2589 OF 2020
R1-2 BY ADVS. SRI.MATHEW JOHN (K) SRI.MATHEW DEVASSI SRI.ABY J. AUGUSTINE R6 & R7 BY SR.GOVERNMENT PLEADER SRI.V.TEKCHAND R8 & R9 BY ADV. SRI.JUSTINE JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
S. Manikumar, CJ
Instant public interest writ petition is filed for the following reliefs:
I. Issue a writ of mandamus or other appropriate writ, order or direction, commanding the 2nd respondent, Chirakkadavu Grama Panchayat, represented by its Secretary, not to execute any concreting or other improvement works within the private road commencing from Ponkunnam-Manimala road to the private property of Sri. Madathanikkunel Laji, an influential politician, and Sri. Mulloor Pauldas, which may even be named in disguise.
ii. Issue a writ of quo warranto or other appropriate writ, order, directing the respondents to explain as to under what authority they are spending public funds in private road and interdict them from spending any amount or public funds to develop the above said disputed road.
Iii. Issue a writ of mandamus or other appropriate writ, order or direction, directing respondents 1, 2, 3 and 4 to ensure strict compliance of the norms prescribed by the Kerala Panchayat Raj Act, 1994.
W.P(C). No.2589 of 2020
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public panchayat roads are not maintained and repaired thereby, not in motorable condition.
W.P(C). No.2589 of 2020
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A. Respondents 1 to 4 are prepared to illegally utilize public funds, which are meant for genuine utilization of public developments and public utilities.
B. It is blatantly a wrong interpretation by the Panchayat authorities that two residents of the locality, for whose benefit alone there exists a private road to their residential houses termed as public usage, is illegal, arbitrary and unjust. If that be so, all private roads throughout the Kerala shall be maintained by each and every local Panchayat.
C. The activity of the Panchayat authorities amounting to Rs.5,00,000/- (Rupees Five Lakhs Only) purely for the benefit of private persons is patently illegal and is not a spending provided for as per the provisions of Kerala Panchayat Raj Act, 1994.
D. The state of affairs of the roads within the jurisdiction of the 2nd respondent, which are, at present, maintained by the Grama Panchayat, has to be taken into consideration. Such roads benefited by the entire general public within the Panchayat is ignored. The money, which ought to have been utilized for public purposes, can, by no stretch of imagination, be used for the benefit of a private road.
E. The fact that the road in dispute is purely a private road and is forming a part and parcel of private registered holding has been conveniently ignored by the 2nd respondent Panchayat under the guise of the 3rd respondent with the assent of respondents 6 and 7.
Chirakkakadavu Grama Panchayat, has filed a counter affidavit, contending as follows:
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“1. The writ petition is not maintainable, either in law or on facts. This is an ill motivated attempt on the part of the petitioner to settle scores with one Madathanikkunnel Laji Thomas, with whom the writ petitioner has previous animosity. The aforesaid Laji had earlier filed a petition [Ext.R1(A)] before the Grama Panchayat on 25.2.2019 against the writ petitioner alleging that he has encroached the river puramboku by constructing a fence and threatened Sri. Laji Thomas and also threw a 1 HP motor installed by Laji Thomas for agricultural purposes and also for getting drinking water. In Ext. R1(A), there is mention of an earlier petition by Laji Thomas against the writ petitioner, alleging that the writ petitioner has attempted to cut and remove an Anjili tree, having a girth of 200 inches vested in the Grama Panchayat and a stop memo has been issued against the writ petitioner, restraining him from cutting and removing said tree from the puramboku. The files of the Grama Panchayat are flooded with petitions submitted by the writ petitioner against Laji Thomas and Sri. Laji Thomas against the writ petitioner. Thus, the facts mentioned above would show that there is a total lack of bona fides on the part of the writ petitioner in instituting the instant writ petition. It is by now trite that the machinery of public interest litigation cannot be used as a machinery to settle private scores between warring individuals. On this short ground, the writ petition is liable to be dismissed at the threshold.
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included in the asset register, in the name Kakkanattupady Medas road. As a matter of fact, actual name of the road is Kallananickal Medas road. This entry in the asset register, made mistakenly, is certified by the Ward Member Smt. Jayasree V.R. of the XI Ward of the 1st respondent Grama Panchayat. Therefore, the solitary ground raised by the writ petitioner falls to ground.
“Application filed under Sections 6 & 7 of the Right to Information Act
To
The Assistant Public Information Officer, Chirakadavu Grama Panchayath Office, Ponkunnam.
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Cheruvally Post, Manimala, Pin-686543. Ph: 9447227337, 7012095715
Signature of the applicant”
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Exhibit-P1 and is extracted hereunder:
“G 8184/2019
Date 25/11/2019
From,
Secretary/ State Public information Officer Chirakkadavu Grama Panchayat.
To,
Elvis J. Alex Vachaparambil Cheruvally P.O., Manimala.
Subject: Regarding reply to Right to Information Act 2005
Reference: Your application dated 25/10/2019
The information received as per the above stated
reference is below mentioned.
For questions 6 and 7, the answer to the question number 3 applies.
If this reply is not satisfactory for you, from the date of reply within 30 days, an application can be submitted before the first appellate authority.
First appeal authority, Panchayat Assistant Director, Panchayat Assistant Director Office, Civil station P.O., Kottayam.
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Faithfully, (Seal of— Suja Mathew including designation and address along with mobile number)”
1st respondent dated 24.10.2019 and the same reads thus:
“To,
The Secretary, Chirakkadavu Grama Panchayath Office, Ponkunnam.
Reference: To not allow the illegality of misappropriation of public fund.
Sir,
Private road situated at Thayikkam region of 11th ward on the western side of Midas factory commending from KanjirappallyManimala road which is not used by the common public which reaches to the houses of Madathanikkunnel and Mulloor has received the assent to get tarred or concreted by using the public fund. The law does not provide for tarring or laying concrete to such private road. Therefore, I request you on behalf of the people at Cheruvally to not allow this violation of law and to not support the misappropriation of the public fund. I hereby inform you that the common people will be constrained to initiate legal action on this violation of law which is as clear like a day.
Place:Cheruvally Date: 24.10.2019 (Signature) Adv. Elvis J. Alex Vachaparambil Cheruvally Post, Manimala PIN - 686543, Ph:9447227337”
Laji Thomas against the petitioner before the Grama Panchayat and the same reads thus:
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“Representation submitted by Laji Thomas, Madathanikunnel House, Vedhavalli before the Chirakkadavu Gama Panchayath.
Subject:- Encroachment of puramboku land
G-1363 25.02.2019
The river puramboku in Ward No. XI of Chirakadavu Grama Panchayat being used by the local people has been illegally encroached by Elvis, Chaparambil, Vedhavalli and has constructed a barbed fence and closed the premises and threw my motor having a capacity of 1 HP which is used for agricultural purpose into the river. A stop memo has been given by the Vedhavalli Village for cutting down a 200 inch Anjli tree in his name.
Therefore, it is humbly requested to enquire into the matter and remove the barbed fencing and to reinstate the drinking water connection.
Yours faithfully,
Vedhavalli 25.2.2019”
the 2nd respondent Grama Panchayat and the same reads thus:
| Sl. No. |
Book Page Rec. No. |
Form RefID |
Lane Name |
Starting Point |
Ending Point |
Descrip Length (Km) |
tion Width (m) |
Surface Cement (Km) |
Type METAL (KM) |
GRAVEL (KM) |
KATCHA ROAD (KM) |
Protect ion Wall Length (Km) |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | ||
| 1 | Vol 2431 |
1562 0012 4300 0000 01 |
Kakka nattup ady- Medas Road |
Kakkan attupad y |
Medas Factor y |
1.000 | 2.00 | 0.00 | 0.00 | 0.00 | 1.00 | 0.00 |
the mistake of entry in the asset register and the same reads thus:
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“To
The Secretary, Chirakkadavu Grama Panchayath.
Sir,
The committee of the Grama Panchayat, in fact, decided to include the Medas — Kallananikkal pady road in Ward No. XI of Cheruvally Village in Chirakadavu Grama Panchayat in the Asset Register. There is no road in this ward by name Medas-Kakkanattupady.
Yours, Jayasree”
Writ petition is wholly misconceived and the same is dismissed.
Sd/-
S.MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P.CHALY JUDGE
Krj.21/3
//TRUE COPY// P.A. TO JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE QUERY RAISED BY THE PETITIONER DATED 24.10.2019 ADDRESSED TO THE 5TH RESPONDENT. EXHIBIT P1(A) TRUE COPY OF THE ACKNOWLEDGMENT RECEIVE FROM THE 2ND RESPONDENT WITH INWARD NUMBER 8184 OF 2019 DATED 25.10.2019. EXHIBIT P2 TRUE COPY OF THE REPLY RECEIVED DATED 25.11.2019 FROM THE 5TH RESPONDENT TO THE EXHIBIT P1. EXHIBIT P3 TRUE COPY OF THE COMPLAINT RAISED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 24.10.2019. EXHIBIT P3(A) TRUE COPY OF THE ACKNOWLEDGMENT RECEIVED FROM THE 2ND RESPONDENT WITH INWARD NUMBER 8183 OF 2019 DATED 25.10.2019.
EXHIBIT P4 A TRUE COPY OF THE REPLY TO QUERY MADE BY THE PETITIONER BEFORE THE 5TH RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 A A TRUE COPY OF THE PETITION DATED 25.2.2019 SUBMITTED BY LAJI THOMAS AGAINST THE PETITIONER BEFORE THE GRAMA PANCHAYAT.
EXHIBIT R1 A1 A TRUE COPY OF THE ENGLISH TRANSLATION OF THE PETITION DATED 25.02.2019 SUBMITTED BY THE PETITIONER BEFORE THE GRAMA PANCHAYAT. EXHIBIT R1 B A TRUE COPY OF THE ANOTHER PETITION FILED BY SRI. LAJI THOMAS AGAINST THE WRIT PETITIONER DATED 15.6.2019. EXHIBIT R1 B1 A TRUE COPY OF THE ENGLISH TRANSLATION OF ANOTHER PETITION FILED BY SRI.LAJI THOMAS AGAINSR THE WRIT PETITIONER DATED 15.6.2019.
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EXHIBIT R1 C A TRUE COPY OF THE RELEVANT PORTION OF THE ASSET REGISTER OF THE 2ND RESPONDENT GRAMA PANCHAYAT. EXHIBIT R1 C1 A TRUE COPY OF THE ENGLISH TRANSLATION OF THE RELEVANT PORTION OF THE ASSET REGISTER OF THE 2ND RESPONDENT GRAMA PANCHAYAT. EXHIBIT R1 D A TRUE COPY OF THE LETTER ISSUED BY THE WARD MEMBER REGARDING THE MISTAKE OF THE ENTRY IN THE ASSET REGISTER. EXHIBIT R1 D1 A TRUE COPY OF THE ENGLISH TRASLATION OF LETTER ISSUED BY THE WARD MEMBER REGARDING THE MISTAKE OF THE ENTRY IN THE ASSET REGISTER.
2 issues framed by the court
Whether a writ petition challenging the alleged misuse of public funds for concreting a private road is maintainable.
Whether the asset register of the Panchayat includes the road in question despite a nomenclature error.
1 provisions across 1 enactments
Elvis J. Alex
The Secretary, Chirakkadavu Grama Panchayat
Chirakkadavu Grama Panchayat
Sri. Jayasreemuralidharan
The Assistant Engineer
Laji Thomas
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
