P.N.Narayanan Nambisan vs The Adatt Gramapanchayath
2022 Latest Caselaw 7663 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                      WP(C) NO. 7796 OF 2019
PETITIONER:

            P.N.NARAYANAN NAMBISAN,
            AGED 78 YEARS
            S/O. CAPT. NAMBISAN, PUZHAKKAL PAPPATH HOUSE,
            PUZHAKKAL P.O, THRISSUR-680553.
            BY ADVS.
            C.HARIKUMAR
            SRI.RENJITH RAJAPPAN
            SRI.HARIKRISHNAN

RESPONDENTS:

    1       THE ADATT GRAMAPANCHAYATH,
            REPRESENTED BY ITS SECRETARY,
            PURANATTUKARA P.O, THRISSUR-680551.
    2       K. RAJENDRAN,
            PRESIDENT, PUZHAKKAL SASTHA TEMPLE COMMITTEE,
            PUZHAKKAL P.O, THRISSUR-680553.
            BY ADVS.
            SHRI.P.P.THAJUDEEN, SC, ADAT GRAMA PANCHAYAT
            SRI. K.B.GANGESH, SC, ADAT GRAMA PANCHAYAT


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   28.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.7796/2019

                                  2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                    W.P.(C).No.7796 of 2019
             ----------------------------------------------
            Dated this the 28th day of June, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. A writ of Certiorari quashing Exhibit P11 in so far as it rejects the permission for the petitioner to restore the destroyed pathway.

ii. A writ of mandamus or order directing the 1 st respondent to restore the Pappathway to its original position and demarcating its boundaries by construction of the retaining wall as it originally stood within a time frame to be stipulated by this Hon'ble Court.

iii. Such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(SIC)

2. The petitioner is the permanent resident in the

property owned by his family and is using the road known as

Pappath road commencing from Kunnamkulam Thrissur PWD

road leading to his house. It is the case of the petitioner that

the 2nd respondent and the men acting under him encroaching

into the pathway and excavated a portion of it using JCB and W.P.(C).No.7796/2019

destroyed the retaining wall. The petitioner moved before the

RDO as directed by this Court against the reduction of width

of the pathway. The temple committee through the 2 nd

respondent and another instituted a suit claiming exclusive

right over the portion of the pathway contending that the

pathway belonged to the Temple and resulted in Ext.P5

judgment by which the court below partly allowed the counter

claim filed by the petitioner and dismissed the original suit.

Thereafter Exts.P6 and P7 representations were submitted

before the 1st respondent for initiating action and this Court

directed the 1st respondent to consider and pass orders upon

the same as per Ext.P8 Judgment. It is the further case of the

petitioner that the committee of the 1 st respondent has

vaguely taken a decision after hearing the petitioner that the

restoration of the pathway will be done only on getting further

instructions from the Grama Sabha as and when the necessary

finance is available with the Panchayath. It is also bring to the

notice of this Court that the suit filed by the 2 nd respondent is

dismissed and the appeal is also dismissed. The second appeal

is pending before this Court as R.S.A. No.657/2022. It is an W.P.(C).No.7796/2019

admitted fact that there is no interim order passed in the

second appeal. If that is the case, it is the duty of the

Panchayat to take necessary steps.

3. The 1st respondent Panchayat filed a statement.

Relevant portion of the statement is extracted hereunder:

"3. It is respectfully submitted that the petitioner has no legal right to request for maintenance of a Panchayath Road. There is no infirmity or illegality in Ext. P11. As regards the availability of funds to the Panchayath is concerned. Government for the year 2019-20 has not been released so far due to the recent Lok Sabha Elections. The decision in Ext. P11 to maintain the Road could be implemented only if sufficient fund is allocated to the Panchayath this year. The same can be implemented upon allocation of funds only if the request for maintenance of the Road in issue is placed before the Grama Sabha concerned and is recommended by it Thereafter the approval could be made by the Panchayath Committee for the recommendation based on priority basis."

4. As long as there is no interim order passed in the

second appeal, it is the duty of the Panchayat to complete the

work and to restore the pathway belonging to the Panchayat.

The 1st respondent Panchayat will take every endevour to W.P.(C).No.7796/2019

complete the work of the road in this financial year itself. The

necessary consequential steps should be taken by the 1 st

respondent to complete the work during this financial year

itself. If there is any paucity of fund, the 1 st respondent can

consider Ext.P12 representation submitted by the petitioner in

which it is stated that the petitioner is ready to construct the

road using his own fund.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent Panchayat will take every

steps to complete the work of Pappath Road, as

expeditiously as possible, at any rate, during

this financial year itself.

2. if there is any financial difficulty, the 1 st

respondent Panchayat will consider Ext.P12

request of the petitioner in which the

petitioner offered that he will do the work

using his own fund.

sd/-

                                           P.V.KUNHIKRISHNAN
JV                                                JUDGE
 W.P.(C).No.7796/2019





               APPENDIX OF WP(C) 7796/2019
PETITIONER EXHIBITS
EXHIBIT P1        THE TRUE COPY OF THE DESCRIPTION OF

THE PROPERTY IN THE RELEVANT PAGES OF THE ASSET REGISTER MAINTAINED BY THE PANCHAYATH.

EXHIBIT P2 THE TRUE PHOTOGRAPH OF THE PAPPATHWAY(TEMPLE SIDE ROAD) AS IT STOOD ORIGINALLY.

EXHIBIT P3 THE TRUE PHOTOGRAPH AFTER THE REMOVAL OF EARTH FROM THE PAPPATHWAY BY THE 1ST RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN WPC NO.27844 OF 2015 OF THIS HONOURABLE COURT DATED 15.09.2015.

EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT IN OS NO.7502 OF 2015 OF THE HON'BLE IIND ADDITIONAL MUNSIFF COURT THRISSUR DATED 21.12.2017.

EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 24.02.1018.

EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 09.03.2018.

EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT IN WPC NO.11746 OF 2018 OF THIS HON'BLE COURT DATED 04.04.2018.

EXHIBIT P9 THE TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 29.06.2018. EXHIBIT P10 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 07.07.2018.

EXHIBIT P11 THE TRUE COPY OF THE MINUTES OF THE 1ST RESPONDENT DATED 350.07.2018.

EXHIBIT P12 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 15.01.2022 EXHIBIT P13 COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 15.01.2022