IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 4266 of 2008(G) ------------------------- PETITIONER: ------------- C.K. MOIDEENKUTTY, S/O. MOHAMMED, ERAT HOUSE, PUKAYUR, OLAKARA P.O.,MALAPPURAM DIST. BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE SRI.C.M.MOHAMMED IQUABAL RESPONDENTS: ----------------- 1. ABDU REHMAN NAGAR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O. ABDU REHMAN NAGAR, MALAPPURAM DISTRICT. 2. PRESIDENT, ABDU REHMAN NAGAR GRAMA PANCHAYAT, P.O. ABDU REHMAN NAGAR, MALAPPURAM DISTRICT. 3. THE SECRETARY, ABDU REHMAN NAGAR GRAMA PANCHAYAT, P.O. ABDU REHMAN NAGAR, MALAPPURAM DISTRICT. 4. THE SECRETARY, MEENUL ISLAM SANGHAM, PUKAYUR POTTANIL, OLAKARA P.O., MALAPPURAM DISTRICT. 5. THE ASSISTANT ENGINEER LSGD, ABDU REHMAN NAGAR GRAMA PANCHAYAT, P.O. ABDU REHMAN NAGAR, MALAPPURAM DISTRICT. WPC : 4266/08 ADDL. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT INSTITUTIONS. (IMPLEADED AS ADDITIONAL R6 AS PER ORDER DATED 24.03.09 IN WPC : 4266/08). R1 & R3 BY ADV.SRI.S.MOHAMMED AL RAFI R2 BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON R4 BY ADV. SRI.K.P.SUDHEER SRI.V.C.MADHAVANKUTTY ADDL.R6 BY SR. GOVT. PLEADER, SMT. K. MEERA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 4266/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF THE PANCHAYAT DATED 18.06.05. EXT.P2 : SKETCH SHOWING THE LOCATION OF THE ROADS. EXT.P3 : TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.4823/07 DATED 13.02.07. EXT.P4 : TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT GRAMA PANCHAYAT DATED 20.03.07. EXT.P5 : TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT GRAMA PANCHAYAT DATED 17.05.07. EXT.P6 : TRUE COPY OF THE TENDER NOTICE PUBLISHED IN THE NOTICE BOARD OF THE PANCHAYAT OFFICE AFTER SCORING OFF ITEM NO.7 BY THE SECRETARY DATED 15.01.08. EXT.P7 : TRUE COPY OF THE PAPER REPORT PUBLISHED IN 'MADHYAMAM' DAILY DATED 30.10.08. EXT.P8 : TRUE OCPY OF THE PAPER REPORT PUBLISHED IN 'MADHYAMAM' DAILY DATED 31.10.08. EXT.P9 : A PHOTOGRAPH SHOWING THE LIE OF THE ROAD. RESPONDENTS' EXHIBITS: EXT.R1(A) : TRUE COPY OF THE PROCEEDING NO.A2-106/08 DATED 31.01.08. EXT.R2(A) : TRUE COPY OF THE MINUTES OF THE PANCHAYAT DATED 09.05.07. EXT.R2(B) : TRUE OCPY OF THE CONSENT LETTER ISSUED BY THE SECRETARY OF THE PUKAYUR POTTANIL JUMA ATH PALLI PARIPALANA COMMITTEE TO THIS PANNCHAYAT. EXT.R2(C) : TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT DATED 07.02.08. EXT.R2(D) : TRUE OCPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT DATED 08.02.08. EXT.R2(E) : TRUE COPY OF THE TENDER NOTICE ISSUED BY THE 3RD RESPONDENT HEREIN DATED 14.01.08. WPC : 4266/08 EXT.R2(G) : TRUE COPY OF THE COMPLAINT DATED 28.01.08 SUBMITTED BY THE 4TH RESPONDENT. EXT.R4(A) : TRUE COPY OF PETITION SUBMITTED BY THE 4TH RESPONDENT DATED 03.10.07 UNDER RIGHT TO INFORMATION ACT. EXT.R4(B) : TRUE COPY OF ROEPLY DATED 23.10.07 ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT. EXT.R4(C) : TRUE COPY OF REPORT DATED 22.04.05 SUBMITTED BY ADDL. TAHSILDAR, TIRURANGADI. EXT.R4(D) : TRUE COPY OF SUBMISSIONS MADE BY 4TH RESPONDENT IN THE MEETING HELD ON 09.05.07. EXT.R4(E) : TRUE COPY OF PETITION DATED 28.03.07 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE MINISTER FOR LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. OF KERALA. EXT.R4(F) : TRUE COPY OF PETITION DATED NIL SUBMITTED BY THE 4TH RESPONDENT BEFORE THE MINISTER FOR LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. OF KERALA. EXT.R4(G) : TRUE COPY OF SALE DEED REGISTERED AS DOC. NO.137/2000 OF TIRURANGADI SRO. EXT.R4(H) : TRUE COPY OF LETTER DATED 06.09.07 FROM MUEENUL SANGAM TO THE 1ST RESPONDENT. EXT.R4(I) : TRUE COPY OF LETTER DATED 28.01.08 FROM NUEENUL SANGAM TO THE 1ST RESPONDENT. EXT.R4(J) : TRUE COPY OF PETITION DATED 05.01.09 SUBMITTED BY THE 4TH RESPONDENT TO THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT WITH POSTAL RECEIPT. /TRUE COPY/ PA TO JUDGE S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 4266 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of September, 2009 JUDGMENT Basheer, J. Petitioner who is stated to be a resident of Abdu Rehiman Nagar in Malappuram District has a grievance that the Public Road connecting Pallat Edavazhy and Pukayur Vayal is not being completed by the Panchayat. He alleges total inaction and laches on the part of the Panchayat and therefore prays for issuance of a writ of mandamus or any other appropriate writ, order or direction to respondents 1, 2 and 5 to take immediate and effective steps to complete the work of the road referred to above. 2. In the counter affidavit filed by the Panchayat it is admitted that Pallat Edavazhy - Pukayur Vayal road is included in the Road Register of Panchayat. However, a small portion there of, viz. about 70 meters, in respect of which petitioner appears to be more concerned, does not form part WP(C) No.4266 of 2008 -:2:- of the road mentioned above. The Revenue records also would show that the above portion does not form part of the road in question. There appears to be some dispute over this portion of land which admittedly belong to a local Mosque Committee. Two groups in the Committee are pitted against each other on this issue. In this connection the Panchayat has already addressed the Government through Ext.R1(a) seeking its intervention. The Panchayat apprehends that since the dispute emanates from two groups of people belonging to the very same community, it would be advisable that the Government takes a final decision in the matter, so that quietus can be given to the simmering dispute at the highest level. A specific request has been made by the Panchayat in this regard to the Government as could be seen from Ext.R1(a). In short, the stand taken by the Panchayat is that because of this disputed portion in the land, the work has not been taken up so far. 3. In the counter affidavit filed by respondent No.4 also it is pointed out that the above issue has been raised by the WP(C) No.4266 of 2008 -:3:- Committee before the Government through Ext.R4(e) and R4(f) requesting the Government to intervene in the matter and resolve the issue. Ext.R4(j) is one such representation submitted by respondent No.4 before the additional respondent No.6, the Secretary to Government, Local Self Government Institutions. 4. Having heard learned counsel for the parties and having perused the materials available on record we are of the view that no orders need be passed by this Court at this stage especially since the Government is in seisin of the matter. It would therefore be appropriate that the Government takes a decision expeditiously, especially since construction of the road would always be to the advantage and benefit of the local people. 5. Therefore, the writ petition is disposed of with a direction to the additional respondent No.6 to take a decision on Ext.R4(a) as well as Ext.R4(j) as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It shall be ensured by additional respondent No.6 that all the affected parties are afforded sufficient opportunity to be WP(C) No.4266 of 2008 -:4:- heard in the matter before any final decision is taken. The Writ Petition is disposed of in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb