RIYAS Vs. KANNAMANGALAM GRAMA PANCHAYAT

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following relief:

(2.) The case projected by the petitioner is that, petitioner is the owner of an extent of 31 cents of land in Re Survey No.271/1 and 3 of Kannamangalam Village, Malappuram District, secured by the petitioner as per Exhibit P1 partition deed. The grievance of the petitioner is that the western boundary of the property was an idavazhi (small bye-lane) as can be seen from Exhibit P1. It was subsequently made as a Panchayat road. The Panchayat wanted to widen the road after securing surrender of the properties from the owners on either side of the idavazhi. The case of the petitioner is that the petitioner or his relatives did not submit any relinquishment letter or surrender letter. However, the Panchayat, with the assistance of the Police, was attempting to encroach into the property and carry out widening of the idavazhi. It is thus seeking the relief extracted above, the writ petition is filed.

(3.) The Secretary of the Grama Panchayat has filed a counter affidavit basically contending that in order to widen the idavazhi, the Panchayat has issued a public notice inviting objections from the owners of the properties on either side of the idavazhi. Except the petitioner all others surrendered their properties and since the petitioner has not filed any objection as is sought for in the public notice, the Panchayat has a right to take possession of the property from the petitioner and widen the road in question.