JEEJA RADHAKRISHNAN Vs. CHETTIKULANGARA GRAMA PANCHAYATH AND OTHERS

JUDGEMENT

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

(2.) According to the petitioner, petitioner is the title holder of an extent of 41.90 Ares of property in Sy.Nos.636/1 and 636/22 of Kannamangalam Village. There is yet another property in the name of petitioner's husband having an extent of 13.30 Ares situate in Sy.No.637/14 of the same village. However, the properties are lying contiguously. The access of the property, according to the petitioner, to the western public road is a Panchayat puramboke pathway which runs through the side of a Panchayat pond. This way has been used by the petitioner, her husband and their predecessor-in-interest from time immemorial. An Anganwadi run by the 2nd respondent is now being accommodated in a shed in the family property of the petitioner and the shed is given free to the 1st respondent Panchayat to house the Anganwadi run by the 2nd respondent.

(3.) It is learned by the petitioner that, a proposal is being made by the 1st respondent Panchayat to immediately complete the construction in the above said puramboke pathway for housing the Anganwadi. Knowing about this and realising that, any such construction will block the access to the property of the petitioner and her husband, petitioner offered 3 cents of property in her holding for raising the Anganwadi building and requested to leave the puramboke pathway as such without any such construction. Even though Ext.P3 representation was submitted in order to consider the proposal mooted by the petitioner, the same was taken into account by the 1st respondent Panchayat, which necessitated the petitioner to approach this court by filing this writ petition.