IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(C).No. 5850 of 2011(E) ------------------------------------ PETITIONER: ------------------- MAIMOONA, W/O.KUMBALAKUZHIYIL MAMMADEESA (LATE), PARELIL PARAMBA HOUSE, OZHUKUR (P.O), MALAPPURAM DISTRICT. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT: --------------------- MORAYOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MORAYOOR (PO), MALAPPURAM DISTRICT. PIN-673 642. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SMT W.P.(C).No. 5850/2011 C.T. RAVIKUMAR, J. ------------------------------- W.P.(C).No. 5850/2011 --------------------------------------- Dated this the 4th March, 2011 J U D G M E N T The petitioner who is the owner in absolute possession and enjoyment of 1 Acre and 52 ½ cents of property comprised in Block No. 57 of Survey No. 122/9 of Eranad Taluk, filed this writ petition mainly with a prayer to issue a writ of mandamus forbearing the respondent from constructing Kumbalaparamba - Moochithottam- Cholakkal road through the property of the petitioner. The further prayer is for issuance of writ of mandamus commanding the respondent to acquire necessary land following the procedures under the Land Acquisition Act. A scanning of the contentions raised in this writ petition would reveal that essentially the grievances of the petitioner is against the alleged illegal encroachments by the respondent in to her property. The petitioner submitted that at the instance of the respondent there is an attempt to widen the pathway making encroachment into the property of the petitioner. It is in the said circumstances, that the petitioner has filed this writ petition with the aforementioned W.P.(C).No. 5850/2011 prayers. I am of the considered view that the subject matter of this writ petition constitute a civil dispute and therefore the remedy of the petitioner is to approach a competent civil court for its resolution. If the respondent is committing illegal encroachment into the property of the belonging to the petitioner it will be open to the petitioner to approach the competent civil court for redressing his grievances. 2. At any rate, such a civil dispute cannot be resolved in this writ petition. In the said circumstances, this writ petition is dismissed without prejudice to the right of the petitioner to approach the competent civil court for the redressing of his grievances and in accordance with law. It is made clear that this court has not made any observation with respect to the merits of the petitioner's contentions. C.T. RAVIKUMAR, JUDGE smt