KURIAN PAUL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner is a permanent resident of Alakappanagar Grama Panchayat (hereinafter referred to as the 'Panchayat', for short), the 4th respondent. The property of the petitioner was purchased as per Ext. P1 sale deed dtd. 24/1/1997 and the dwelling is assessed to property tax by the Panchayat.

(2.) The petitioner states that there is a road by name 'Manjali road' (the 'road', for short) used by the public on the northern side of his property which is vested in the Panchayat and included in Ext. P4 Asset Register of the Panchayat.

(3.) The petitioner contends that, respondents 5 to 7, who are the residents at the terminal end of the road, have blocked his entry to the road from his residence by putting metal fencing sheets on the side of the road. Though the petitioner raised objection against blocking his entry to the road, he was assaulted and a case is registered against respondents 5 and 6 by the Police. The petitioner contends that the persons having land on either side of the road have got every right to use the road and the Panchayat has a duty to remove the obstruction under the provisions of the Kerala Panchayat Raj Act, 1994 (for brevity, 'K P R Act') and the Revenue Divisional Officer, the 3rd respondent has also a duty to remove the obstruction from public road exercising powers under Sec. 133 of the Code of Criminal Procedure, 1973. Though the petitioner approached respondents 3 and 4 to take steps for removal of obstruction, they have not taken any action. The petitioner also submits that he has filed a suit before the Munsiff's Court, Irinjalakkuda as O.S. No. 345/2022 arraying respondents 5 and 6 herein as defendants for fixation of boundary and consequential injunction, which is pending. The petitioner contends that since the only cartable road to his property has been obstructed, his freedom of movement guaranteed under the Constitution has been infringed and therefore, prays for direction to respondents 1 to 4 to remove the obstruction on the road.