IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 2333 of 2008(C) ------------------------- PETITIONER: ------------ 1. RAMAKRISHNAN, S/O. KOCHUGOVINDAN EZHUTHACHAN, NARANGALIL, ERAVINMANGALAM DESOM, NADATHARA VILLAGE,THRISSUR. 2. GOPALAN, S/O. KOCHUGOVINDAN EZHUTHACHAN, NARANGALIL, ERAVINMANGALAM DESOM, NADATHARA VILLAGE,THRISSUR. 3. GOPI, S/O. KOCHUGOVINDAN EZHUTHACHAN, NARANGALIL, ERAVINMANGALAM DESOM,NADATHARA VILLAGE THRISSUR. 4. VILASINI, D/O. KOCHUGOVINDAN EZHUTHACHAN, NARANGALIL, ERAVINMANGALAM DESOM,NADATHARA VILLAGE, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENTS: ------------- 1. NADATHARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NADATHARA GARAM PANCHAYATH OFFICE, MOORKANIKKARA, KOZHUKULLY P.O., THRISSUR DISTRICT. 2. SATHEESAN, S/O. KUTTANELLOOR MARASSARY RAMAKRISHNAN, ERAVIMANGALAM DESOM, NADATHARA VILLAGE, THRISSUR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 2333 OF 2008 ----------------------------------------------- DATED THIS THE 21st JANUARY, 2008 J U D G M E N T Under challenge in this writ petition is Ext.P3 certificate/intimation issued by the Panchayath. On the terms of Ext.P3, a pathway by name 'Narangalil Road', which according to the petitioners belong to them absolutely and is subject matter of certain on going civil litigations of which the petitioners and the 2nd respondent are parties, is a Panchayath road. It is alleged that Ext.P3 has been issued without hearing the petitioner. On going through Ext.P3 it is seen that the same is issued on the basis of the entries in the mode registered maintained by the Panchayath. If that be so the petitioners may have to institute a regular suit arraying the first respondent Panchayath also seeking declaration of their rights, if any, over the road in question. Under these circumstances, I dispose of the writ petition relegating the petitioners to remedy from a competent civil court. However, considering the above direction it is ordered WP(C)No.2333/2008 -2- that the operation and impact of Ext.P3 shall be kept in abeyance for a period of 40 days from today. The status quo as obtaining today will be maintained as regards this road. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No.2333/2008 -3-