IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 18881 of 2010(I) -------------------------- PETITIONER(S): --------------- C.K.SASI, AGED 35 YEARS, SON OF KUTTAPPAN, CHATTEDAN HOUSE, ILLITHODE. BY ADV. SRI.N.ANILKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. OMBUDSMAN FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 3. MALAYATTOOR NEELISWARAM GRAMA PANCHAYATH REPRESENTED BY SECRETARY, MALAYATTOR, ERNAKULAM. R1 BY G.P. SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18881 of 2010-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2010. JUDGMENT The petitioner herein is a physically handicapped person. The house of the petitioner is situated by the side of a road leading to Evergreen, Ward No.6, Malayattoor Illithodu, within the Malayattoor Neeliswaram Grama Panchayat. It is averred in the writ petition that the said road is the only access to the house of the petitioner and also several other persons. The said road is having a width of 6 meters and length of above 550 meters. It is alleged that so many people have trespassed upon the said road by making illegal constructions and thus reducing the width of the road. It is further pointed out that the Panchayat, even though took steps to tar the road, the length of the road has been reduced to 450 meters from 550 meters and according to the petitioner, it was deliberately done with intention not to tar the portion leading to the house of the petitioner. Reference is made in para 3 of the writ petition, to a mass petition filed before the third respondent signed by 15 persons. It is pointed out that thereafter, even though the Panchayat took some steps to tar the road, the length of the road was assessed as 450 meters only. Thereafter the petitioner, sent through his wpc 18881/2010 2 lawyer, a notice to the third respondent as per Ext.P3, calling upon him to tar the entire length of 550 meters. Finally, the Panchayat has taken a resolution on 9.6.2009 to tar the disputed road excluding 100 meters. The petitioner thereafter approached the Ombudsman for Local Self Government Institutions, by filing a petition which was numbered as O.P.No.742/2009. Learned Ombudsman closed the matter by Ext.P10 after noticing that O.P.No.219/2009 with regard to the very same dispute, is pending and therefore O.P.No.742/2009 need not be proceeded with. This is under challenge in this writ petition. 2. One of the prayers in the writ petition is for a direction to the third respondent to tar the entire length of 550 meters of the road. Learned counsel for the petitioner submitted that the petitioner will be satisfied with a direction to the learned Ombudsman to consider the said aspect also in O.P.No.219/2009. A copy of O.P.No.219/2009 has not been produced in the writ petition. 3. Therefore, if the petitioner makes a specific request before the learned Ombudsman to consider the above issue, viz. whether the entire portion of 550 meters has to be tarred or not, the same will be considered by the learned Ombudsman while considering O.P.No.219/2009. The wpc 18881/2010 3 petitioner will produce a copy of this judgment before the learned Ombudsman for compliance. No costs. (T.R. Ramachandran Nair, Judge.) kav/