Prasannan vs The Amballoor Grama Panchayath
2021 Latest Caselaw 18978 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 10TH DAY OF SEPTEMBER 2021/19TH BHADRA, 1943
                 WP(C) NO. 28609 OF 2020
PETITIONERS:

    1    THE AMBALLOORE GRAMA PANCHAYAT,
         REPRESENTED BY ITS SECRETARY,
         KANJIRAMATTOM P.O.,
         ERNAKULAM DISTRICT, PIN - 682 315.

    2    THE SECRETARY,
         AMBALLOOR GRAMA PANCHAYAT,
         KANJIRAMATTOM P.O.,
         ERNAKULAM DISTRICT, PIN - 682 315.

         BY ADVS.
         T.K.AJITHKUMAR (VALATH)
         SMT.T.MANASY
RESPONDENTS:

    1    THE DISTRICT POLICE CHIEF (RURAL),
         OFFICE OF THE DISTRICT POLICE CHIEF,
         (RURAL), ALUVA, PIN - 683 101.

    2    THE STATION HOUSE OFFICER,
         MULANTHURUTHY POLICE STATION,
         MULANTHURUTHY, PIN - 682 314.

    3    PRASANNAN,S/O. NOT KNOWN TO THE PETITIONER,
         AGED 50 YEARS, KOLLINAKALAYIL, KEECHERY,
         KANJIRAMATTOM, PIN - 682 315.

    4    MALLIKA, W/O. PRASANNAN, AGED 45 YEARS,
         KOLLINAKALAYIL, KEECHERY
         KANJIRAMATTOM, PIN - 682 315.

         BY ADV SMT.RESMI NANDANAN
         SRI.SYAMANTHAK B.S, G.P

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.09.2021, ALONG WITH WP(C).18040/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.28609/2020 & 18040/2021
                                    :2 :




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 10TH DAY OF SEPTEMBER 2021/19TH BHADRA, 1943
                     WP(C) NO. 18040 OF 2021
PETITIONERS:

           PRASANNAN, S/O. CHELLAPPAN,
           AGED 50 YEARS,
           KOLLINAKALAYIL KEECHERRY VILLAGE,
           PLAPPALLI DESOM, KULAYETIKARA P.O.,
           KANJIRAMATTOM, ERNAKULAM 682 317.

           BY ADV RESMI NANDANAN


RESPONDENTS:

     1     THE AMBALLOOR GRAMA PANCHAYATH,
           REPRESENTED BY ITS SECRETARY,
           KANJIRAMATTOM P.O., ERNAKULAM 682 315.

     2     THE SECRETARY,
           AMBALLOOR GRAMA PANCHAYATH,
           KANJIRAMATTOM P.O.,
           ERNAKULAM 682 315.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.09.2021, ALONG WITH WP(C).28609/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.28609/2020 & 18040/2021
                                    :3 :



                         JUDGMENT

~~~~~~~~~

Dated this the 10th day of September, 2021

[WP(C) Nos.28609/2020 & 18040/2021]

W.P.(C) No.28609/2020 has been filed by

Amballoore Grama panchayat and its Secretary seeking to

direct the 2nd respondent-SHO to render proper and adequate

assistance as provided under Section 252(1)(b) of the Kerala

Panchayat Raj Act, 1994 to the 2 nd petitioner to implement

Ext.P17 order and to remove the obstructions in the public

road.

2. In brief, the petitioner-Panchayat wanted police

assistance for removal of encroachment allegedly situated on

a pathway. This Court passed an interim order in the writ

petition on 22.12.2020 directing the 2 nd respondent to render

effective assistance to the 2nd petitioner to remove the

obstructions in Keechery-Puthenpurakkal road.

3. W.P.(C) No.18040/2021 has been filed by the

petitioner, who is a local resident in Amballoore Grama WP(C) Nos.28609/2020 & 18040/2021

Panchayat, seeking to direct the respondents to stop the

procedure for concreting the alleged public road. It is the case

of the petitioner that the alleged public road/pathway is being

constructed through his property.

4. When these writ petitions came up for hearing

today, the learned Standing Counsel for the petitioner-Grama

Panchayat in W.P.(C) No.28609/2020 submitted that pursuant

to the interim orders of this Court, the 2 nd respondent granted

sufficient assistance to the Amballoore Grama Panchayat and

consequently, the alleged encroachments are removed and

therefore no further orders are required in these writ petitions.

5. The learned counsel for the petitioner in W.P.(C)

No.18040/2021, on the other hand, stated that the petitioner-

Grama Panchayat has obtained interim orders suppressing

the pendency of a civil suit involving the disputed pathway and

after obtaining interim orders suppressing material facts, the

Panchayat has constructed the road and now trying to

concrete the road to the detriment of the petitioner. By

concreting the said road, the petitioner's property will be lost. WP(C) Nos.28609/2020 & 18040/2021

6. As the petitioner in W.P.(C) No.28609/2020 does

not press for any further relief in the writ petition, necessarily,

the petitioner-Grama Panchayat should be permitted to

withdraw the writ petition. Accordingly, W.P.(C)

No.28609/2020 is dismissed as infructuous.

7. In the case of W.P.(C) No.18040/2021, the

petitioner has a genuine dispute with the Panchayat as

regards the ownership of the property through which the

alleged pathway passes. The petitioner has already

approached the Munsiff's Court impleading those who claim

that there is a pathway. As the petitioner has a grievance

against the Panchayat also, it is for the petitioner to take

appropriate steps to redress his grievances in accordance

with law.

Granting liberty to the petitioner to prosecute his

remedies as against the Amballoore Grama Panchayat,

W.P.(C) No.18040/2021 is disposed of.

Sd/-

N. NAGARESH, JUDGE aks/09.09.2021 WP(C) Nos.28609/2020 & 18040/2021

APPENDIX OF WP(C) 18040/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER IN I.A. NO.

2/20 IN O.S. NO. 416/2020 DATED 22ND JULY 2020 OF IST ADDITIONAL MUNSIFF ERNAKULAM.

Exhibit P2 A TRUE COPY OF THE APPLICATION FOR LAND RELINQUISHMENT BY M.P.F. FRANCIS DATED 2.7.2015.

Exhibit P3 A TRUE COPY OF THE THANDAPER REGISTER FROM 12.10.94. TO 27.06.19.

Exhibit P4 A TRUE COPY OF THE PHOTOGRAPHS. Exhibit P5 A TRUE COPY OF THE COMMISSION REPORT AND SKETCH DATED 25.06.20 IN O.S. NO.

416/2020.

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