MARAKKAR GRAMA PANCHAYATH Vs. KADAMPIL DEVAKI

JUDGEMENT

(1.) THE first petitioner in WPC 20067/09 is the appellant.

(2.) THE first respondent herein filed a complaint to the 2nd respondent, a copy of which is Ext.P3, mainly alleging that a road was constructed through 5 cents of land belonging to her without her permission and by threatening her.After issuing notice and considering the objections the 2nd respondent passed order dated 19th March, 2009(Ext.P6).

(3.) A reading of Ext.P6, the impugned order and the judgment in the writ petition show that despite directions, the appellant could not produce any relinquishment letter or surrender form executed by the first respondent. On the other hand, it has been specifically noticed by the learned Single Judge that on query by the Court, learned counsel for the appellant fairly stated that there was no surrender form duly signed and obtained from the first respondent either under the Land Relinquishment Act or Rules or even under the other enabling provisions available under the Panchayath Raj Act. It was considering the above factual position and also the admitted fact that the land in question of the first respondent was made use of for the purpose of constructing the Panchayath road, without acquiring, purchasing or getting the property surrendered by any process known to law that the writ petition was dismissed confirming Ext.P6 order. In view of the aforesaid factual and legal position, we find no reason to interfere with the judgment under Appeal. Accordingly this Writ Appeal is dismissed.