IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 9982 of 2011(W) --------------------------------------- PETITIONER(S): ----------------------- SIVAPRASAD, SIVANANDHANAM, ALANALLUR P.O., MANNARKKAD, PALAKKAD - 678601. BY ADV. SRI.S.VASUDEVAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, PALAKKAD.PIN- 678 001 2. DEPUTY DIRECTOR FOR PANCHAYATH, MANNARKKAD, PALAKKAD.PIN- 678 024 3. TAHSILDAR, TALUK OFFICE, MANNARKKAD.PIN- 678 023 4. BLOCK PANCHAYATH, REPRESENTED BY ITS SECRETARY, MANNARKKAD, PALAKKAD.PIN- 678 023 5. ALANALLUR PANCHAYATH, REPRESENTED BY ITS SECRETARY, ALANALLUR, MANNARKKAD P.O., PALAKKAD. 678 601. 6. VILLAGE OFFICER, ALANALLUR VILLAGE, PALAKKAD.PIN- 678 029 7. YUSUF, WARD MEMBER CHAIRMAN DEVELOPMENT STANDING COMMITTEE, ALANALLUR GRAMA PANCHAYATH, ALANALLUR P.O., PALAKKAD. RESIDING AT - PAKKAT VEEDU, PAKKAT KULUMBU, ALANALLUR P.O., PALAKKAD.PIN- 678 005 R1 TO R3, R6 BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 9982 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2011 JUDGMENT Essentially, the grievance of the petitioner in this writ petition is against the action on the part of the 5th respondent Panchayat in constructing a road utilizing the Panchayat fund. According to him, the Panchayat is attempting to commit illegal encroachment into his property under the guise of construction of the said road. If the petitioner wants redressal of such a grievance that the respondent Panchayat is attempting to commit illegal encroachment into his property affecting his civil rights, the petitioner has to resort to civil remedy available to him. At any rate, a mater that involves such a dispute cannot be decided in a writ petition. In the said circumstances, this writ petition is liable to be dismissed without prejudice to the right of the petitioner to approach the competent Civil Court for the purpose of redressal of his grievance. Needless to say that it is up to the petitioner to establish such a civil right in such proceedings. It is further made clear that this Court has not made any observation with respect to the merits of the contentions raised in this writ petition. WPC No.9982/2011 2 Writ petition is dismissed without prejudice to the right of the petitioner, if any, of the petitioner to resort to the civil remedy. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge