IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 25471 of 2010(H) --------------------------------------- PETITIONER: ------------------- OUSEPH.P.M,KARMEL,UDAYANAPURAM.P.O, VAIKOM,KOTTAYAM DISTRICT,PIN:686 142. BY ADV. SRI.A.G.BASIL. RESPONDENTS: ------------------------ 1. SECRETARY,UDAYANPARAM GRAMA PANCHAYATH, PADINJAREKARA.P.O,VAIKOM TALUK,KOTTAYAM DISTRICT, PIN:686 142. 2. THE DEPUTY DIRECTOR OF PANCHAYATH, KOTTAYAM,KOTTAYAM DISTRICT,PIN:686 142. 3. THE SECRETARY,DEPARTMENT OF LOCAL SELF GOVERNMENT,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. R1 BY ADVS. SMT.P.VIJAYAMMA, SRI.P.J.ANILKUMAR, R2 & R3 BY GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25471/2010-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RESIDENTIAL CERTIFICATE NO.A4-2/02 DTD. 08/05/2003 ISSUED BY THE UDAYANAPURAM GRAMA PANCHAYATH TO THE PETITIONER. EXT.P.2: COPY OF THE TAX RECEIPT NO.11217 DTD. 10/08/2010 ISSUED FROM THE VADAKEMURY VILLAGE OFFICE VAIKOM. EXT.P.3: PHOTO SHOWING THE PATHWAY LEADING TO HIS HOUSE. EXT.P.4: COPY OF THE LOCATION SKETCH PREPARED BY THE PETITIONER SHOWING THE PATHWAY HE IS PRESENTLY USING FOR THE INGRESS AND EGRESS TO AND FROM HIS HOUSE. EXT.P.5: COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE R.1. DTD. 29/04/2010. EXT.P.6: COPY OF THE LETTER DTD. 21/07/2010 RECEIVED BY THE PETITIONER'S WIFE FROM THE R.1. GRAMA PANCHAYATH. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 25471 of 2010 H ``````````````````````````````````````````````````````` Dated this the 14th day of December, 2010 J U D G M E N T Prayer sought in the writ petition is to direct the first respondent Panchayat not to proceed with any construction blocking the pathway of the petitioner and his family. 2. When the matter came up for orders, the learned counsel for the respondent has brought to my notice the averment in paragraph 3 of the counter affidavit, which reads as under:- “ The application submitted by the petitioner was placed before the Panchayat committee, after discussing the matter in the Panchayat committee on 7.8.2010 the Panchayat committee has decided as per decision No.IV(1C) to provide 3 feet width pathway to the petitioner.” 3. Petitioner is satisfied with this offer made by the Panchayat. Therefore, recording the aforesaid averment in the counter affidavit, this writ petition is closed. Sd/- (ANTONY DOMINIC, JUDGE) aks