IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 23117 of 2008(B) -------------------------- PETITIONER: ------------ LILLY JOSEPH, W/O.LATE JOSEPH, AGED 76 YEARS, PAZHAMPILLIL HOUSE, MARADU POST, ERNAKULAM. BY ADV. SRI.DENIZEN KOMATH RESPONDENTS: ------------- 1. MARADU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUNDANNOOR, MARADU P.O., ERNAKULAM. 2. SRI.JINSON, IXTH WARD MEMBER, MARADU GRAMA PANCHAYATH, KUNDANNOOR, MARADU P.O., ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LOCAL SELF ADMINISTRATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. BY ADV. SRI.S.CHANDRASENAN (B/O) FOR R1 R3 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 23117 OF 2008 B = = = = = = = = = = = = = = = = = Dated this the 8th day of August 2008 J U D G M E N T Petitioner's complaint is that the 1st respondent is proposing to trespass into a portion of her property and convert the same into a public road. According to her, she has not surrendered any portion of her property either by consent or on acquisition under the provisions of the Land Acquisition Act. On the other hand the Standing Counsel who entered appearance on behalf of the 1st respondent, on instruction, submits that they have not trespassed or converted any portion of the petitioner's property. According to him, all that the Panchayat has done is to tar the existing panchayat road. 2. Though the learned counsel for the petitioner reiterates his plea before this Court even today that the Panchayat has converted a portion of her property during the pendency of the writ petition, in the nature of the factual disputes that are raised by both sides, I W.P.(C) No. 23117 OF 2008 -2- must confess the inability of this Court to resolve this factual controversy in a proceedings under Article 226 of the Constitution. If the petitioner has a case that the Panchayat has done anything as alleged by her, it is open to her to pursue the remedies that are available and all such rights and contentions are left open. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-