Writ petition directed the District Collector to cease proceedings in a civil dispute over road rights and ordered the Panchayat to immediately hear stakeholders and decide on road development within two months.
No further proceedings by the District Collector; first respondent Panchayat must hear all parties and decide within two months.
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 DEVAN RAMACHANDRAN
MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941
WP(C).No.28118 OF 2019(L)
PETITIONERS:
4 MARY AUGUSTINE, W/O. AUGUSTINE, KACHAPPILLY HOUSE, KODUNGASSERY EAST, VYPEEN 682 509.
SRI.DENIZEN KOMATH
RESPONDENTS:
SRI.M.V.ANANDAN, SR.GP. K.N.CHANDRA BABU SRI.V.A.SAJI.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28118 OF 2019(L)
2
JUDGMENT
The petitioners have approached this Court alleging that the first respondent - Nayarambalam Grama Panchayat is not taking any action to tar or concrete the road leading to their residences and they, therefore, pray that they be directed to do so immediately.
WP(C).No.28118 OF 2019(L)
3
make any such construction without affording his client an opportunity of being heard. He, therefore, prays that this writ petition be dismissed.
WP(C).No.28118 OF 2019(L)
4
matter will have to be taken by the Panchayat, since the disputes between the parties are civil in nature and are not something into which the District Collector or the Sub Collector can interfere. He, therefore, says that notwithstanding Ext.P4, this Court may direct the Panchayat to take a final decision.
5
WP(C).No.28118 OF 2019(L)
In the afore circumstances, I order that no further proceedings pursuant to Ext.P4 will be continued by either the District Collector or the Sub Collector and that the first respondent - Panchayat will immediately hear the petitioners as well as the third respondent, pursuant to Ext.P6 notice and take a final decision thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Stu
WP(C).No.28118 OF 2019(L)
6
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE PHOTOCOPY OF THE DATED 27.10.18 BEARING |
DECISION OF 1ST RESPONDENT REFERENCE NO. 8 (2). |
|---|---|---|
| EXHIBIT P2 | TRUE PHOTOCOPY OF THE BY THE 3RD RESPONDENT GRAMA PANCHAYAT, DATED |
WRITTEN OBJECTION PREFERRED BEFORE THE 1ST RESPONDENT 19.12.2018. |
| EXHIBIT P3 | TRUE PHOTOCOPY OF THE PETITIONERS AGAINST EX RESPONDENT DATED 13.06 |
OBJECTION PREFERRED BY THE HIBIT P-2, BEFORE THE 2ND .19. |
| EXHIBIT P3 A | TRUE PHOTOCOPY OF THE EXHIBIT P3 BY THE 2ND 13.06.2019. |
RECEIPT OF ACCEPTANCE OF RESPONDENT DATED |
| EXHIBIT P4 | TRUE PHOTOCOPY OF THE OFFICE OF 2ND RESPONDE |
LETTER ISSUED FROM THE NT DATED 25.06.2019. |
| EXHIBIT P5 | TRUE PHOTOCOPY OF THE REQUEST SUBMITTED BY T THE 1ST RESPONDENT AND |
RECEIPT OF ACCEPTANCE OF HE 2ND PETITIONER BEFORE OTHERS ON 22.07.2019. |
| EXHIBIT P6 | TRUE PHOTOCOPY OF THE RESPONDENT GRAMA PANCH REF.NO. CIGO56/2019 DA |
CALL LETTER ISSUED BY 1ST AYAT TO 2ND PETITIONER VIDE TED 03.08.2019. |
| EXHIBIT P7 | TRUE PHOTOCOPY OF THE | ROUGH SKETCH. |
| EXHIBIT P8 | TRUE PHOTOCOPY OF THE FORMING THE SUBJECT MA |
PHOTOGRAPHS OF THE ROAD TER OF THE DISPUTE. |
| EXHIBIT P9 | TRUE PHOTOCOPY OF THE REGISTRATION CARD OF T |
DISCHARGE SUMMERY AND HE 4TH PETITIONERS HUSBAND. |
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE.
2 issues framed by the court
Whether the District Collector can interfere in civil disputes regarding road construction rights between petitioners and the Panchayat.
Whether the Panchayat is directed to hear all stakeholders and render a final decision on road tarring/concreting within two months.
K.D.POULOSE AND OTHERS
NAYARAMBALAM GRAMA PANCHAYATH
DISTRICT COLLECTOR
V.A. ANTONY
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
