IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16822 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. PRASAD, S/O. LATE KRISHNAN, AGED 66 YEARS, KUDAKUTHUM PARAMBIL, UDAYAMPEROOR MURI, NADAKKAVU, MANAKUNNAM VILLAGE, ERNAKULAM DISTRICT. 2. PRAVEEN KUMAR, AGED 34 YEARS, S/O. PRASAD, KUDAKUTHUMPARAMBIL, UDAYAMPERUR MURI, NADAKKAVU, MANAKUNNAM VILLAGE, ERNAKULAM DISTRICT. 3. PAVANKUMAR, AGED 33 YEARS, S/O. PRASAD, KUDAKUTHUMPARAMBIL, UDAYAMPEROOR MURI, NADAKKAVU, MANAKUNNAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SMT.K.T.LILLY @ LILLY JAMES RESPONDENT(S): --------------- UDAYAMPEROOR GRAMA PANCHAYATH, REPRESENTED BY ITS SPECIAL GRADE SECRETARY, UDAYAMPEROOR P.O., ERNAKULAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.16822 of 2009 ---------------------------------------- Dated this the 19th day of June, 2009. JUDGMENT The petitioners are the residents of Udayamperoor Grama Panchayat. They are aggrieved by the decision taken by the panchayat for tarring the road, alleging encroachment into the petitioners' property. 2. It seems that the petitioners had earlier approached this court with W.P.(C)No.18243/07 praying for almost same reliefs and the said writ petition was closed on 27.6.2007 recording the submission of the panchayat that the tarring work is over. Learned counsel for the petitioners submits that the said stand taken by the panchayat is wrong. If that be so, the remedy of the petitioners is to seek appropriate orders in W.P.(C)No.18243/07. A fresh writ petition on the same cause of action is inappropriate. W.P.(C).No.16822 of 2009 :: 2 :: Writ petition is, therefore, dismissed, without prejudice to the contentions of the petitioners. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge