BIJOMON THOMAS Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner claims to be the owner in possession of 17.60 Ares of land in Sy. No. 755/18 (Re.Sy. No. 446/13) of the Athirampuzha Village, Kottayam Taluk. He has filed this writ petition seeking a direction to respondents 2 to 4, namely the District Collector and the Block Development Officer respectively, not to proceed with the construction of a road through his property.

(2.) The petitioner alleges that even though the property in question belongs to him exclusively, the District Collector has, without adverting to this fact, issued Ext.P10 order granting sanction for an amount of Rs. 3,00,000/-, to be expended by the Grama Panchayat, for construction of the said road. The petitioner says that he had earlier filed O.S. No. 138 of 2014 before the Munsiff's Court, Ettumanoor, against the Grama Panchayat and others and that he has obtained Ext.P12 judgment, wherein the court has declared that the property, along which the Panchayat is attempting to construct a road under the strength of Ext.P10 order, exclusively belongs to him. He thus asserts before this Court that directions be issued to the respondent in the manner prayed for by him.

(3.) I have heard Sri. Abraham P.George, the learned counsel for the petitioner, Sri. P.Sreekumar, the learned counsel appearing for respondents 5 and 6, the learned counsel appearing for the Panchayat and the learned Government Pleader appearing for respondents 1, 2 and 3.