SARADA Vs. MATHOOR GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner has approached this Court under an apprehension that the 1st respondent-Mathoor Grama Panchayat will not maintain a Panchayat Road by name 'Podikulangara Road' in Alathur Thaluk of Palakkad District, which she claims is included in the Asset Register of the said Panchayat.

(2.) The petitioner says that the 2 nd respondent is now making an attempt to claim the property through which the road is running as being his own, and that a civil suit has also been filed by him for this purpose against the Panchayat. The petitioner submits that merely on account of the pendency of this suit, the Panchayat appears to be not maintaining the road and that they are likely to remove the materials presently stocked on the sides of the road for its maintenance. The petitioner, therefore, prays that the Panchayat be directed not to remove the construction materials from the said road and to maintain it forthwith.

(3.) The learned Standing Counsel appearing for the Panchayat submits that they have been unable to repair or maintain the road on account of Ext.R2(c) injunction order issued by Munisiff's Court, Alathur, in a suit filed by the 2 nd respondent, namely O.S.No.101 of 2018, and that they will commence such work as soon as they are able to obtain necessary orders from the said Court. He, however, asserts that as per the Asset Register, the road in question belongs to the Panchayat and therefore, that the 2nd respondent cannot claim any exclusive rights over the same.