IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 15548 of 2008(A) -------------------------- PETITIONER(S): --------------- P.V. ABRAHAM, S/O. IDICHANDI VARGHESE, PUTHENCHIRAYIL HOUSE, ATTACHACKAL P.O., KONNI REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SRI.RATHEESH BABU K., S/O.V.N.KUTTAPPAN NAIR, KALLUKKATTU HOUSE, MANGARAM, KONNI. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENT(S): --------------- 1. KONNI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KONNI, PATHANAMTHITTA DISTRICT. 2. THE SECRETARY, KONNI GRAMA PANCHAYAT, KONNI,PATHANAMTHITTA DIST. ADV. SRI.SIBY MATHEW FOR R1 & 2 SRI.PHILIP J.VETTICKATTU FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 15548 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th November, 2008. J U D G M E N T The petitioner filed this writ petition alleging that the 1st respondent-Panchayat is attempting to close a way from the petitioner's property to a public road. The writ petition was filed at a time when the Panchayat was taking urgent steps to close the way contending that for moving a suit, the petitioner has to give notice as provided under Section 249 of the Kerala Panchayat Raj Act and in the meantime, the Panchayat is likely to close the way. It is under the above circumstances, this Court had granted an interim order on 26-5-2008. The petitioner has already given notice to the Panchayat as required under the Kerala Panchayat Raj Act. The notice period is over. Therefore, the petitioner's remedy lies in either moving the suit proposed to be filed by the petitioner or to move the Ombudsman. Without prejudice to such right, this writ petition is closed. In order to enable the petitioner to do so, I direct that the interim order would continue to be in force for one more month. S. Siri Jagan, Judge. Tds/