IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 20968 of 2009(M) -------------------------------------- PETITIONER(S): ----------------------- C.K.FATHIMA, D/O.MAMMU KURIKKAL, CHANGAMPALLI, KODANIYIL, POST VETTOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): ------------------------- 1. VETTOM GRAMA PANCHAYATH, POST VETTOM, TIRUR, MALAPPURAM REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, VETTOM GRAMA PANCHAYATH, POST VETTOM, TIRUR, MALAPPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 20968 OF 2009 ............................................ DATED THIS THE 27th DAY OF JULY, 2009 JUDGMENT Having regard to the nature of the orders being issued in this case, notice to respondents 1 and 2 dispensed with, preserving their right to move for re-hearing of this writ petition, if necessary. 2. The petitioner states that she has a private way essentially running parallel to a way, which, even according to the petitioner, is a public way. While the petitioner concedes with the public way, she stands to say that the private way cannot be opened up by the panchayat without any acquisition from her. 3. Having regard to the allegations, without expressing anything on merits, this writ petition is ordered directing that Ext.P5 will be taken up, considered and disposed of by the competent authority among the respondents, in accordance with law, after hearing the necessary parties including the petitioner. It is clarified that this judgment does not touch on the merits of Wpc 20968/2009 2 the claim of the petitioner. Writ petition ordered accordingly. Issue copy. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/28/7