IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 8392 of 2008(Y) -------------------------------- PETITIONER: --------------- BENNY ABRAHAM, AGED 39 YEARS, S/O.ABRAHAM, MANIYAKUPARA, POOVATHODU P.O., PALA. BY ADV. SRI.T.M.ABDUL LATHEEF SMTMIJI JOHN SRI.A.MUHAMMED HASHIM RESPONDENTS: ----------------- 1. MEENACHIL GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, EDAMATTOM P.O., PALA. 2. SECRETARY, MEENACHIL GRAMA PANCHAYATH, EDAMATTOM P.O., PALA. 3. TAHSILDAR, TALUK OFFICE, MEENACHIL 4. VILLAGE OFFICER, POOVARANI, EDAMATTOM P.O., PALA. 5. D.SURESH, URAPPANKUZHIYIL HOUSE, POOVATHODU P.O., BHARANANGANAM, PALA. 6. O.A.KARUNAKARAN, URAPPANKUZHIYIL HOUSE, POOVATHODU P.O., BHARANANGANAM, PALA. BY ADV. SRI.SHAJI THOMAS PORKKATTIL FOR R1 SRI.P.C.HARIDAS FOR R.5.6 GOVT. PLEADER, SRI. K.V. MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 8392 OF 2008 Y = = = = = = = = = = = = = = = Dated this the 22nd May, 2008. J U D G M E N T The writ petition has been filed aggrieved by Ext. P1 decision of the 1st respondent permitting construction of a pathway through the side of a thodu. According to the petitioner that will result in reduction in extent of his land and that the beneficiaries of the said pathway have other access available to their properties. 2. Counter affidavits have been filed by respondents 1and 2, 5 and 6 from which it is obvious that there is absolutely no encroachment on the petitioner's property and if that be so, the petitioner cannot complain that he is aggrieved in any manner by the construction of the pathway in question. 3. That apart, it is also seen that if at all the petitioner is aggrieved he has statutory remedy of appeal. In view of the above reasons, the writ petition is only to be dismissed and I do so. However, it will be open to the petitioner to avail the appellate remedy, if so advised. ANTONY DOMINIC JUDGE jan/-