JAYAN P.S Vs. MADAKKATHARA GRAMA PANCHAYATH

JUDGEMENT

(1.) THIS petition is filed under Article 226 of the Constitution of India, seeking various reliefs including the issue of a writ of mandamus or other appropriate writ, order or direction commanding the respondents to take immediate necessary action to remove the obstruction created on the road starting from Pandiparambu - Kachithodu Panchayat road and joining the canal bund road in Madakkathara Grama Panchayat and take necessary action to ensure that the said road is freely available to the petitioners for their use.

(2.) ACCORDING to the petitioners who claimed to be the residents of the area, themselves and other people of the locality are using the above said road having length of 1094 links and width of 20 links. Petitioners and others were using the said road for several decades for ingress and egress to their properties. The said road belongs to and is vested with the first respondent, the Grama Panchayat. While so, the 3rd respondent, State Electricity Board has enclosed the said road on 27.11.2010. Hence the write petition.

(3.) THE 8th respondent has filed a statement claiming that ownership of the plot having an extent of 43.0997 hectares in survey No.272/1 and part of Madakkathara village is vested with the K.S.E.B as per village records and the said land is in the actual possession of the K.S.E.B. There is no public road through the said land. A road having width of 4 meters and length of 218.88 meters passes through the land connecting Pandiparambu - Kachithodu road to Peechi Irrigation Kanal Bund road which is used by the petitioners and neighbours was closed by the K.S.E.B authorities on 27.11.2010 by fencing the land which is in their ownership to avoid encroachment.