IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 5584 of 2010(W) -------------------------------------- PETITIONER: ------------------- JAMES PANDISSERI, AGED 46 YEARS, S/O.MATHAI JOSEPH, VADESSERIYIL HOUSE, MARYKULAM KARA, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TALUK. BY ADVS. MR.K.S.HARIHARAPUTHRAN, MR.M.D.SASIKUMARAN, MR.GEORGE MATHEW. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. AYYAPPANCOIL GRAMA PANCHAYAT COMMITTEE, REPRESENTED BY ITS PRESIDENT, AYYAPPANCOIL VILLAGE, MARYKULAM KARA, UDUMBANCHOLA TALUK-685 507. 3. AYYAPPANCOIL GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, AYYAPPANCOIL VILLAGE, MARYKULAM KARA, UDUMBANCHOLA TALUK-685 507. R1 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J ........................................... WP(C).NO.5584 OF 2010 ............................................ DATED THIS THE 19TH DAY OF FEBRUARY, 2010 JUDGMENT The petitioner submits that in a property acquired by one of his brother, respondent Panchayat is proposing to make some constructions. According to the petitioner, though the land in question originally belonged to the Panchayat, the Panchayat transferred the said land by Ext.P1 to one Bhaskaran, from whom his brother acquired the property by Ext.P2. It is stated that in the property, his brother has constructed a building and that he was paying tax that is due to the Panchayat also. According to the petitioner, it is ignoring all these that the Panchayat proposed to make some constructions, trespassing into his premises. 2. In my view, the dispute raised in the writ petition is purely a civil dispute and the property which is claimed to be under the ownership of the petitioner's brother may have to be measured and the title to the land also will have to be determined. Such a course is not possible in a writ petition and therefore the remedy of the petitioner or Wpc 5584/2010 2 his brother is to approach the appropriate civil court. Therefore, the writ petition is dismissed. ANTONY DOMINIC, JUDGE lgk