STATE OF KERALA Vs. P.M.K. MEMMORIAL CHARITABLE TRUST, REPRESENTED BY ITS MANAGING TRUSTEE K.K.MUSTHAFA AND OTHERS

JUDGEMENT

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

(2.) Material facts for the disposal of the writ petition are as follows; petitioner is a charitable trust. The trust has purchased a property having an extent of 4.28 cents comprised in Sy. No.476/2 of Koorachundu Village, Kozhikode District, evident from Ext.P2. According to the petitioner, the 4th respondent is residing on one side of the property. There are four other residential buildings situated adjoining the properties. Case of the petitioner is that, all the aforesaid persons have independent access to the main road. Fourth respondent is an Ex-councillor of the 2nd respondent Grama Panchayat. Therefore, on the influence of the 4th respondent, the Panchayat started to cut open a pathway through the middle of property of the petitioner. It is also submitted, such an attempt is made by the Panchayat without taking into account any action in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Petitioner has also permitted the Panchayat to construct any road. Therefore, the entire action on the part of the Panchayat to cut open the pathway is illegal, arbitrary and liable to be interfered with by this court under Article 226 of the Constitution of India.

(3.) Respondents 2 and 3 have filed a detailed statement refuting the allegations and claims and demands raised by the petitioner. Basically it is submitted that, the road in question is included in the road register in existence from the year 1980 onwards and petitioner has no manner of right over the property of the Panchayat. Other contentions are also raised justifying the action on the part of the Panchayat in tarring the road by utilising the fund available with the Panchayat.