Jayan vs Vengola Grama Panchayat
2022 Latest Caselaw 1959 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                  WP(C) NO. 5615 OF 2022
PETITIONERS:

         JAYAN
         AGED 57 YEARS, S/O. SANKARAN, NAKKILIKKATTU
         HOUSE, ECHINGAMTTOM, ALLAPARA P O
         VENGOLA KARA, VENGOLA VILLAGE
         KUNNATHUNADU TALUK-683556

         MANOJ N.N, AGED 49 YEARS
         S/O LATE NARAYANAN, NAKKILIKKATTU HOUSE
         ECHINGAMATTOM, ALLAPARA P O, VENGOLA KARA
         VENGOLA VILLAGE, KUNNATHUNADU TALUK-683556

         VISWAMBHARAN, AGED 67 YEARS
         S/O GOPALAN, NAKKILIKATTU HOUSE,ECHINGAMATTOM
         ALLAPARA P O, VENGOLA KARA
         VENGOLA VILLAGE, KUNNATHUNADU TALUK-683556

         VINOJ NN, AGED 46 YEARS
         S/O LATE NARAYANAN, NAIKILIKATTU HOUSE
         ECHINGAMATTOM, ALLAPARA P O, VENGOLA KARA
         VENGOLA VILLAGE, KUNNATHUNADU TALUK-683556

         SUBASH N.S, AGED 49 YEARS
         S/O SANKARAN, NAKKILIKATTU HOUSE
         ECHINGAMATTOM, ALLAPARA P O, VENGOLA KARA
         VENGOLA VILLAGE, KUNNATHUNADU TALUK-683556

         SURESH, AGED 42 YEARS
         S/O K.T SUNDARAN, KURUVANPARAMBIL HOUSE
         ALLAPARA P O, VENGOLA KARA
         VENGOLA VILLAGE, KUNNATHUNADU TALUK-683556

         MOHANDAS, AGED 58 YEARS
         S/O NARAYANAN NAIR, PERAKKATT HOUSE,
         ALLAPARA P O, VENGOLA KARA
         VENGOLA VILLAGE, KUNNATHUNADU TALUK-683556
 WP(C) NO. 5615 OF 2022
                                    -2-

             RAJAN V.K, AGED 62 YEARS
             S/O K.R NARAYANAN NAIR, RAJ BHAVAN
             ALLAPARA P O, VENGOLA KARA
             VENGOLA VILLAGE, KUNNATHUNADU TALUK-683556

             SHINY V.B, AGED 49 YEARS
             W/O DIVAKARAN C.N, MANAKKAKKUDI,
             ALLAPARA P O, VENGOLA KARA
             VENGOLA VILLAGE, KUNNATHUNADU TALUK-683556

             BY ADVS.
             K.N.ABHILASH
             SUNIL NAIR PALAKKAT
             M.A.AHAMMAD SAHEER
             P.B.MUHAMMED AJEESH


RESPONDENTS:

             VENGOLA GRAMA PANCHAYAT
             REPRESENTED BY SECRETARY, VENGOLA PO
             ERNAKULAM - 683556

             SECRETARY, VENGOLA GRAMA PANCHAYAT
             VENGOLA PO, ERNAKULAM - 683556

             PADMINI, AGED 61 YEARS, D/O KUNJAN,
             ANEESHNILAYAM(MANICKAPOTTAYIL) HOUSE
             VENGOLA KARA, VENGOLA VILLAGE,
             KUNNATHUNADU TALUK, ERNAKULAM-683556

             THANKAPPAN, AGED 65 YEARS
             S/O GOVINDAN ACHARI,
             ANEESHNILAYAM(MANICKAPOTTAYIL) HOUSE,
             VENGOLA KARA, VENGOLA VILLAGE, KUNNATHUNADU TALUK
             ERNAKULAM-683556

             C.A NAVAS,SC


      THIS     WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON     18.02.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 5615 OF 2022
                                        -3-

                                  JUDGMENT

Dated this the 17th day of February, 2022

This writ petition is filed seeking the following reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1 st and 2nd respondent not to include the pathway mentioned in Ext.P5 in the Asset register of the Panchayath.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2 nd respondent to consider the Ext.P5 in the Asset register of the Panchayath.

iii) To pass any order or direction as this Court deems fit and proper while considering this Writ petition."

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for the respondent

Panchayat.

3. In view of directions being issued, notice to

respondents 3 and 4 is dispensed with. It is submitted by the

learned counsel for the petitioners that the petitioners are

residents of the 4th ward of 1st respondent Panchayat and that

they are aggrieved by the attempt on the part of the 2 nd WP(C) NO. 5615 OF 2022

respondent to incorporate a private pathway into the Asset

Register of the Panchayat, thereby converting the status of the

road. It is submitted that Ext.P5 representation has been

submitted by the petitioners before the 2 nd respondent and that

the same is directed to be considered in accordance with law.

Without expressing any opinions and merits on the matter,

there will be a direction to the 2nd respondent to take up Ext.P5

representation submitted by the petitioners and to consider and

pass orders on the same, after hearing the petitioners as well

as respondents 3 and 4, through any appropriate means,

including video conferencing. Necessary shall be done within a

period of three weeks from the date of receipt of a copy of this

judgment.

Sd/-

ANU SIVARAMAN JUDGE

spk WP(C) NO. 5615 OF 2022

APPENDIX OF WP(C) 5615/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PARTITION DEED 3180 OF 1970 OF SRO, PERUMBAVOOR

EXHIBIT P2 TRUE COPY OF THE ROUGH SKETCH OF THE LAY AND NATURE OF THE PROPERTY AND THE PATHWAY.

EXHIBIT P3 TRUE COPY OF THE PLAINT IN OS NO.95/2021 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, PERUMBAVOOR PROFFERED BY THE 3RD AND 4TH RESPONDENTS

EXHIBIT P4 TRUE COPY OF THE PLAINT IN OS NO.81/2021 FILED BY THE PETITIONERS BEFORE THE MUNSIFF'S COURT, PERUMBAVOOR

EXHIBIT P5 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 14.02.2022

EXHIBIT P6 THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 14.02.2022

RESPONDENT'S/S EXHIBITS : NIL