IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 7726 of 2008(T) ------------------------- PETITIONER: ------------ UNNIYATTIL PATHUMMAKUTTY HAJJUMMA W/O.UNNIYATTIL MUHAMMED (LATE) PO, NANNAMBRA, KUNDUR,MALAPPURAM DISTRICT PIN 676 320. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ------------- 1. THE SECRETARY, NANNAMBRA GRAMA PANCHAYAT PO,NANNAMBRA, PIN 676 320, MALAPPURAM DISTRICT. 2. NANNAMBRA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY , PO,NANNAMBRA, PIN 676 320, MALAPPURAM DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 & 2 SRI.C.V.MANUVILASAN FOR ADDL.R4 SRI.P.K.KHALEEMUDHEEN FOR ADDL.R4 GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 7726 of 2008-T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 28th day of May, 2008 J U D G M E N T This writ petition has been filed on the allegation that the Panchayat was proposing to widen the road trespassing into the petitioner's property, which has neither been acquired nor been surrendered. Though the petitioner had caused issue of a notice under Section 249 of the Kerala Panchayat Raj Act, in view of the imminent threat that he was facing, this writ petition has been filed and an order of status quo was also passed on 06/03/2008. 2. In my view in the nature of the dispute between the parties the matter can be resolved only in a civil suit. Accordingly, leaving it open to the parties to seek appropriate remedies before a Civil Court, this writ petition is closed. 3. Though the petitioner has a case that violating the order dated 06/03/2008 respondents have caused damages, that allegation is denied by the respondents. However, I do not wish to pronounce on the correctness or otherwise of this contention and that again is left open to be adjudicated in appropriate proceedings. Writ petition is disposed of as above. ANTONY DOMINIC, Judge ms