THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 9344 of 2010(P) ------------------------- 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,KOTTAYAM. 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 RESPONDENT(S): ------------------ 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 2. THE PRESIDENT, ERUMELI GRAMA PANCHAYATH. 3. THE SECRETARY, ERUMELI GRAMA PANCHAYATH. ADDL.R4: AJIKUMAR, VETTIKANAL VEEDU, ERUMELY SOUTH, KANJIRAPPALLY. (ADDL.R4 IMPLEADED AS PER ORDER DATED 16.6.2010 IN I.A.No.7915/10 IN W.P.(C)No.9344/10) BY GOVT.PLEADER SMT.N.SUDHA DEVI FOR R1 ADV. SRI.MOHAN JACOB GEORGE FOR R2,3 SMT.P.V.PARVATHI FOR R2,3 SMT.REENA THOMAS FOR R2,3 SRI.RAMMOHAN.L. FOR R2,3 SRI.R.KRISHNA RAJ FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.9344/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF TITLE DEED DATED 1.8.05. EXT.P2: TRUE COPY OF NOTICE DATED 10.2.2010 ISSUED BY THE 3RD RESPONDENT. EXT.P3: TRUE COPY OF THE OBJECTION DATED 19.2.2010 SUBMITTED BY THE PETITIONER. EXT.P4: TRUE COPY OF REPRESENTATION DATED 2.3.10 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. RESPONDENTS' EXTS: EXT.R2(A): COPY OF NOTICE DATED 1.10.96 ISSUED BY THE EERUMELY GRAMA PANCHAYAT. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.9344 of 2010 --------------------------------- DATED THIS THE 16th DAY OF JUNE, 2010 JUDGMENT In this Writ Petition the prayer is to quash Exhibit P2 notice issued by the Panchayat directing the petitioners to remove certain boards kept in different parts of the roads. According to the petitioners, these are estate roads for which the Panchayat or any other authority have no right or supervisory control over them. The petitioners have submitted Exhibit P3 objection in the matter before the Panchayat. 2. The learned Standing Counsel for the Panchayat submitted that in the light of the interim order passed by this Court, Panchayat has not taken any final decision in the matter. 3. Mainly it is contended by the learned counsel for the petitioners that being estate roads, the petitioners alone have absolute title for these roads and therefore the action taken by them to place the boards is well founded. This is disputed by the learned Standing Counsel appearing for the Panchayat and the learned counsel appearing for the additional 4th respondent. It is further pointed out by the learned counsel for the petitioners that W.P.(C)No.9344/10 -2- the Panchayat has no jurisdiction in the matter either to issue notice or to take any action directing the petitioners to remove the boards in question. 4. Exhibit P2 is only a show cause notice to which the petitioners have already filed objection as per Exhibit P3. It is open to the petitioners to raise all the grounds including want of jurisdiction of the Panchayat. Therefore, there will be a direction to the Panchayat to take a decision in the matter within a period of one month, after hearing the petitioners. If the petitioners are aggrieved by the final order passed by the Panchayat, they can resort to appropriate statutory remedies before appropriate authorities. While taking a decision, the Panchayat will consider all materials produced by the petitioners as well as other parties,if any. Till final orders are passed, interim order passed by this Court will continue. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn