IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 13798 of 2007(P) -------------------------- PETITIONER: ------------ 1. A.V.GOURI AMMA, W/O.LATE APPU NAMBIAR, PUDUKKAI VILLAGE, P.O.NILESHWAR, KASARAGOD DISTRICT. 2. A.RATHNARAJAN, S/O.GOURI AMMA, PUDUKKAI VILLAGE, P.O.NILESHWAR, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: ------------- 1. DISTRICT COLLECTOR KASARAGOD, P.O.VIDYA NAGAR, KASARAGOD DISTRICT. 2. KANHANGAD BLOCK PANCHAYAT, REPRESENTED BY SECRETARY, P.O.KANHANGAD, KASARAGOD DISTRICT. 3. THE KINANOOR KARINTHALAM GRAMA PANCHAYAT REPRESENTED BY SECRETARY, KARINTHALAM P.O., KASARAGOD DISTRICT. 4. GEMINI, W/O.RAGHAVAN, PANCHAYAT MEMBER, POOVATTI, CHAYOTH P.O., KASARAGOD DISTRICT. 5. RAMACHANDRAN, S/O.AMBU, ODIYITTA MAVU, CHAYAOTH P.O., NILESHWAR. 6. M.C.KUNHUMOIDEEN KUTTY, THEKKEPURAM, P.O. PADANNA, KASARAGOD DISTRICT. 7. DISTRICT PLANNING OFFICER, VIDYANAGAR P.O., KASARAGOD DISTRICT. R5 BY ADV. SRI.P.NARAYANAN SHRI.MOHAMMED ANZAR, GOVERNMENT PLEADER R3 BY SRI.M.SASEENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 13798/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF the GIFT DEED DATED 21/10/2005. P2 : COPY OF SKETCH OF THE PETITIONER'S PROPERTY AND ADJOINING PLOT. P3 : COPY OF THE LETTER ISSUED BY THE PRESIDENT OF KINANOOR GRAMA PANCHAYAT TO REVENUE MINISTER. P4 : COPY OF THE INFORMATION DATED 25/01/2008 FURNISHED TO THE PETITIONER. // TRUE COPY // PA TO JUDGE. jg PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 13798 of 2007 --------------------------------- Dated, this the 20th day of February, 2008 J U D G M E N T In this writ petition filed under Article 226 the petitioners, who claim to be residents of 3 rd respondent Panchayat, sought for a direction to the Panchayat to issue a stop memo regarding the construction of a foot over bridge over a chaal situated to the eastern side of the petitioners' property. According to the petitioners, there is a road which ends at the chaal and at present there is no road access to the petitioners to the west of the chaal. The people of the locality have decided to construct a full fledged road and the 4 th respondent, who is a ward member of the concerned area, had taken initiatives for the formation of the road as well as a bridge cum spill way over the chaal, so that vehicular traffic will be facilitated. The petitioners also rely on Ext.P3 letter issued by the President of the 3 rd respondent Panchayat to the Honourable Revenue Minister highlighting the necessity of tarring the existing road up to the chaal so that formation of the road to the west of the chaal would be undertaken by the Panchayat. The grievance voiced by the petitioners is that it is noticed that a foot over bridge is being constructed across the chaal and if construction WP(C) No. 13798/2007 -2- of the foot over bridge across the chaal is permitted, that will scuttle the plans to have a bridge cum spill way constructed at the same spot. Raising various grounds, the prayers made in the writ petition are (1) to issue a stop memo regarding the construction of the foot over bridge over the chaal and (2) to issue a direction to the respondents 1 to 3 to examine the proposal of constructing a bridge cum spill way over the chaal as being proposed by the 4 th respondent. 2. Counter affidavits have been filed by the 1 st respondent District Collector, the Panchayat and the 5 th respondent, a local citizen. 3. I have heard the submissions of counsel appearing for various parties in this case and also the learned Government Pleader for the 1 st respondent District Collector. 4. Having considered the submissions, I am of the view that this Court will not be justified in invoking the constitutional jurisdiction under Article 226 for stopping the construction of the foot over bridge. The interim order passed on 24/04/2007, which is being continued till date, will stand vacated. The respondents are directed to complete the construction of foot over bridge left at half WP(C) No. 13798/2007 -3- way at the earliest. The petitioners are permitted to file proper representation before the concerned respondent, voicing their request regarding bridge cum spill way in which case, the representation will be considered and appropriate decision will be taken. This writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) jg