IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WA.No. 1405 of 2010 ------------------------ AGAINST THE JUDGEMENT IN WPC.9344/2010 Dated 16/06/2010 .................... APPELLANTS/PETITIONERS ------------------------------ 1. GOSPEL FOR ASIA, MANJADI, THIRUVALLA, REP.BY MOST.REV.DR.K.P.YOHANNAN, METROPOLITAN BISHOP, PRESIDENT AND MANAGING TRUSTEE THROUGH HIS POWER OF ATTORNEY HOLDER JACOB C.PHILIP, NEDUVELIL, NEDUNGADAPPALLY MURI, KARUKACHAL VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 2. JACOB C.PHILIP, AGED 53 YEARS, S/O.LATE C.V.PHILIP, THE GENERAL MANAGER, B.C.CHERUVALLY ESTATE, MANAGER'S BUNGALOW, ERUMELI P.O. BY ADV. SRI.CHERIAN GEE VARGHESE SRI.P.HARIDAS RESPONDENTS/RESPONDENTS ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 2. THE PRESIDENT, ERUMELI GRAMA PANCHAYATH, PIN - 686 509 3. THE SECRETARY, ERUMELI GRAMA PANCHAYATH, PIN - 686 509 4. AJIKUMAR, VETTIKANAL VEEDU, ERUMELI SOUTH KANJIRAPPALLY- PIN - 686 509 R1 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS R2 & R3 BY ADV.SRI.MOHAN JACOB GEORGE R4 BY ADV. SRI.R.KRISHNA RAJ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No. 1405 of 2010 ------------------------------------------ Dated this the 26th day of October, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by a judgment dated 16th June, 2010 in W.P. (C) No.9344 of 2010, the unsuccessful petitioners therein preferred the present writ appeal. 2. The writ petition itself was filed challenging Ext.P2 notice issued by the Erumeli Grama Panchayat. By the said proceedings, the appellants herein were called upon to remove certain boards kept in different parts of the road. 3. The case of the appellants is that the roads are private roads in a rubber estate admeasuring a large extent of 2263 Acres and the Panchayat has no manner of jurisdiction to call upon the appellants to do or desist from doing anything in their private property. W.A.No.1405 of 2010 - 2 - 4. It appears that in response to the abovementioned notice the appellants have already submitted their written objection. In the circumstances, a learned Judge of this Court by the judgment under appeal disposed of the writ petition without granting any further relief with an observation that the Panchayat will examine the objection raised by the appellants and take appropriate decision thereon. 5. Apart from the direction of the learned Judge by the judgment under appeal, we are of the opinion that a decision regarding the rights of the parties to the writ petition, i.e. the right, title and possession of the appellants in the property in question and the authority of the Panchayat to issue such a direction, necessarily depends upon the establishment of certain basic facts which can only be established on evidence. The jurisdiction of this Court under Article 226 of the Constitution is not normally exercised to decide questions of fact. W.A.No.1405 of 2010 - 3 - In the circumstances, we do not see any reason to interfere with the judgment under appeal and the writ appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns