ROY ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a Public Interest Litigation filed by the former Chairman of the Koothattukulam Municipality, Ernakulam District--5th respondent. According to him, he is a social worker and a public spirited person.

(2.) The grievance highlighted by the petitioner is that a number of mud roads open on both sides used by the general public are not maintained due to the paucity of funds, by the Municipality. Further case of the petitioner is that the funds were misused for concreting and maintenance of the private roads being influenced by interested persons and that certain private owners, who wanted to get their private roads either tarred or concreted, influenced the Councilors and on understanding got requests from the owners and on the basis of the same, the road will be included in the asset register of the Municipality illegally and after that tarring or concreting is being done.

(3.) Further, it is contended that the private owners are paying land tax on the property and they will not allow others to draw electric lines and pipelines through that road and even not allow others to use that road. The sum and substance of the contention advanced is that since it is an oral surrender by the owner, the Municipality is not getting ownership right over those properties and the respective owners will retain the properties in their ownership. One instance is also pointed out by the petitioner in regard to suits filed by the owners of the properties against the Municipality contending that there was no valid surrender of ownership and therefore, they were entitled to recover the property from the Municipality. It was also submitted that similar suits filed were considered by the Munsiff's Court, Muvattupuzha together and has rendered Ext. P4 common judgment in O.S. Nos. 390/2009, 160/2011 and 429 of 2015.