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KRISHNAN v. CHATHAMANGALAM GRAMA PANCHAYATH

Court: High Court of Kerala

Bench: HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

Judgment date:

Case summary

High Court of Kerala judgment dated 2020-12-02. KRISHNAN v. CHATHAMANGALAM GRAMA PANCHAYATH. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. MUHAMED MUSTAQUE WEDNESDAY, THE 02ND DAY OF DECEMBER 2020 / 11TH AGRAHAYANA, 1942 WP(C). No. 14603 OF 2017(A) PETITIONER: KRISHNAN. O. P, S/O. O. P. KRISHNAN NAMBUDIRI, AGED 43, PATHRISSERY ILLAM, CHATHAMANGALAM POST, POLAKKODE VILLAGE, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SHRI. SHERRY J. THOMAS RESPONDENTS: 1 CHATHAMANGALAM GRAMA PANCHAYATH CHATHAMANGALAM VILLAGE, NIT CAMPUS P. O, KOZHIKODE 673 601, REPRESENTED BY ITS SECRETARY. 2 ASSISTANT ENGINEER LSGD, CHATHAMANGALAM GRAMA PANCHAYATH, CHATHAMANGALAM VILLAGE, NIT CAMPUS P. O, KOZHIKODE 673 601. 3 KRISHNAN. P S/O NARAYANAN NAIR, AGED 45, PULANCHERI VEEDU, POOLAKKODE AMSOM, KOOZHAKODE DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. (ADDL. R3 IMPLEADED AS PER ORDER DATED 2/12/2020 IN I. A. NO. 1/2019) BY ADV. SMT. GOVINDU P. RENUKADEVI BY GOVERNMENT PLEADER BY ADV. SRI. T. B. SHAJIMON BY ADV. M. DEVESH BY ADV.

M R DHANIL GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No. 14603 OF 2017(A) JUDGMENT Dated this the 2nd day of December 2020 This writ petition was filed challenging the construction of a road by the panchayat. According to the petitioner, the property belonging to Ozhalur Pathirisserry Illam Trust is being encroached by the panchayat for construction of a road. 2. The petitioner as well as the additionally impleaded respondent submits that the construction of the road is over. The additionally impleaded respondent has a case that the construction is being undertaken in a public land. The panchayat also disputed the ownership of the property claimed by the petitioner which belongs to the Trust. Anyhow, as the matter stands now, the road construction is over. If the petitioner is of the view that any of his property is being encroached upon by the WP(C). No.

14603 OF 2017(A) panchayat for construction of the road, the petitioner is free to take up the matter in an appropriate manner before the civil court. With liberty as above, the writ petition is disposed of. Sd/- A. MUHAMED MUSTAQUE SAS/02/12/2020 JUDGE WP(C). No. 14603 OF 2017(A) APPENDIX PETITIONER'S EXHIBITS: THE TRUE COPY OF THE LETTER DATED 7. 5. 13. THE TRUE COPY OF THE PETITION DATED 22. 4. 17 SUBMITTED BY THE PETITIONER. THE TRUE COPY OF THE LETTER DATED 31/8/2012 ISSUED BY THE THEN MANAGING TRUSTEE OF THE OZHALUR PATHRISSERY ILLAM INFAVOUR OF THE RESPONDENT PANC THE TRUE COPY OF RECEIPT DATED 3/9/2012 ISSUED TO PRESIDENT CHATHAMANGALAM PANCHAYATH THE TRUE COPY OF LETTER DATED 16/5/2013 ISSUED BY SECRETARY CHATHAMANGALAM GRAMA PANCHAYATH THE TRUE COPY OF THE REPLY SENT BY MANAGING TRUSTEE OF ILLAM DATED 18/5/2013 THE TRUE COPY OF ASSET REGISTER OF CHATHAMANGALAM GRAMA PANAHCYAT OF THE YEAR 2015. A COPY OF THE JUDGMENT IN O. S. 17/15 THE ORDER OF THE APPEAL COURT IN I. A.

328/17 TRUE COPY OF THE COMMON JUDGMENT DATED 30. 07. 2016 IN O. S. 367/2013 AND O. S. 17/2015 BEFORE THE III ADDITIONAL SUB JUDGE //TRUE COPY// P. A. TO JUDGE

Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.