Lovely Margaret vs The Cheranalloor Grama Panchayath
2024 Latest Caselaw 16123 Ker

Kerala High Court

Lovely Margaret vs The Cheranalloor Grama Panchayath on 7 June, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
    FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                      WP(C) NO. 11369 OF 2016


PETITIONER:

             LOVELY MARGARET,
             AGED 48 YEARS
             D/O.JOSE, VARYATH HOUSE,
             CHERANALLOOR,
             SOUTH CHITTOOR P.O.,
             KOCHI 682027
             BY ADVS.
             K.R.VINOD
             JENCY SUSAN JOSE
             V.SRI NATH


RESPONDENTS:

    1        THE CHERANALLOOR GRAMA PANCHAYATH,
             CHERANALLOOR,
             SOUTH CHITTOORE PO,
             KOCHI-682027,
             REP. BY ITS SECRETARY
    2        THE SECRETARY,
             CHERANALLOOR GRAMA PANCHAYATH,
             CHERANALLOOR,
             SOUTH CHITTOOR PO.,
             KOCHI 682027,
             REP. BY ITS SECRETARY
             BY ADV T.K.AJITHKUMAR (VALATH)


     THIS WRIT PETITION (CIVIL) HAVING FINALLY BEEN HEARDON
07.06.2024,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
   WP(C) NO. 11369 OF 2016

                               2



                            JUDGMENT

1. The apprehension of the petitioner is that Panchayat

is attempting to construct a bridge across a thodu vested

with the Panchayat which is lying on the southern side of

D schedule private path way in Ext.P1 partition Deed to

make it accessible for the public.

3. The learned counsel for the Panchayat confirms that

the Panchayat could not trace out any such decision as

alleged by the petitioner and hence there is no cause for

apprehension or cause of action for the petitioner to file

this writ petition. The learned counsel for the Panchayat

also confirms that in case any such construction is

proposed in future, the same will be done only in

accordance with law.

WP(C) NO. 11369 OF 2016

4. Accordingly this writ petition is disposed of recording

the above submission of the learned counsel for the

Panchayat .

Sd/-

M.A.ABDUL HAKHIM JUDGE sms WP(C) NO. 11369 OF 2016

APPENDIX OF WP(C) 11369/2016

PETITIONER EXHIBITS EXHIBIT P1 THE COPY OF THE PARTITION DEED NO.2796/95 OF SRO ERNAKULAM