IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 16074 of 2010(H) -------------------------- PETITIONER(S): --------------- KASIM CHEKKUTTY PURAYIL, CHERUVADY.P.O, KOZHIKODE DISTRICT. BY ADV. SMT.T.V.NEEMA RESPONDENT(S): --------------- THE SECRETARY, KODIYATHOOR GRAMA PANCHAYATH, KODIYATHOOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16074/2010-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of May, 2010 J U D G M E N T The petitioner is the owner of 33 cents of land in Survey No.186 at Mukkom which was purchased as per document No.1548/2007 of the Sub Registrar Office, Mukkom. It is submitted that the petitioner is managing the adjacent properties of Mr.Parayil Yakkob and Mr.Parayil Siddeque who are staying abroad. The averments in the writ petition show that the main dispute raised is with regard to the use of a pathway. It is mentioned in paragraph (2) of the writ petition that there is a pathway having an extent of 4 cents, as per document No.2927/2008, which leads to the properties of Mr.Parayil Yakkob and Mr.Parayil Siddeque. 2. It is submitted that an Anganwadi is proposed to be established in a property registered in the name of the respondent/Secretary, along with the above pathway, in his personal capacity. According to the petitioner, this is totally unlawful. It is in these circumstances, the petitioner has filed this writ petition with the following prayers:- i. Issue a writ of certiorari directing Panchayat to call for records leading to registration of the property including pathway to W.P.(C). No.16074/2010 -:2:- the petitioner's property registered as per document No.2927/2008 and declare it as illegal transaction. ii. Issue a writ of certiorari directing respondent Panchayat to call for records granting permission to conduct/run anganwadi in the property including the pathway registered as per document No.2927/2008 and quash the same declaring it as arbitrary and illegal. iii. Issue a writ of mandamus directing Secretary not to start the functioning/running of the anganwadi in the property including the pathway to the petitioner's properties in Survey No.186 at Mukkam as per document No.1548/2007 in Sub Registrar Officer, Mukkam. 3. The main dispute projected by the petitioner is with regard to the right of user of the pathway which leads to the properties of Mr.Parayil Yakkob and Mr.Parayil Siddeque and the petitioner, which is clearly a civil dispute. Therefore, the remedy of the parties concerned is to file a civil suit. The writ petition is hence dismissed, leaving open the said remedy. No costs. (T.R. Ramachandran Nair, Judge.) ms