P K SUDHAKARAN Vs. ANGADIPPURAM GRAMA PANCHAYATH

JUDGEMENT

(1.) THE grievance voiced by the petitioners in this Writ Petition is that at the behest of a Councilor of the 1st respondent-Panchayat, the Panchayat is threatening to demolish portions of the compound walls and the newly constructed residential building, photographs of which are produced as Ext.P5 series. It is clear from the photographs and from the averments that a road widening project is presently going on. But then the Panchayat will not be justified in demolishing the structures belonging to the petitioners unless it be on the basis of the relinquishment given by the petitioners or on the strength of any proceedings for acquisition of land under the provisions of the Land Acquisition Act if constructions are actually put up on the property over which the petitioners are having title by virtue of Exts.P1 and P2. But in the nature of the dispute, I am of the view that the petitioners will have to approach a competent civil court. But as rightly submitted by Mr.K.M.Sathyanatha Menon, counsel for the petitioners that the petitioners will have to issue a statutory notice under Section 249 of the Act before approaching the civil court. Under these circumstances, I dispose of the Writ Petition in the following terms: