IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 14086 of 2008(B) --------------------------------- PETITIONER: --------------- A.P.ALEXANDER, AGED 48, S/O.PETER , AMBALATHINGAL HOUSE,V.K.KRISHNA MENON ROAD, VALIYAKULAM, UDAYAMPEROOR-682307. BY ADV. SRI.B.RAMACHANDRAN SRI.THOMAS T.VARGHESE RESPONDENT: ---------------- UDAYAMPEROOR GRAMA PANCHAYAT REP. BY ITS SECRETARY, UDAYAMPEROOR PO., PIN-682 307 BY ADV. SRI.PHILIP T.VARGHESE FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 14086 OF 2008 B = = = = = = = = = = = = = = = Dated this the 22nd May, 2008. J U D G M E N T The allegation in the writ petition is that the respondent Panchayat is constructing a 'kana' through the petitioner's property connecting the road with the thodu. According to the petitioner, while the property belongs to him and is covered by his title documents, counsel appearing for the Panchayat asserts that the land through which the kana is proposed to be constructed is part of the public road which is vested with the panchayat. 2. From the above controversy, it is clear that what is in dispute is essentially a question of title. The question of title as above cannot be resolved in a proceedings under Article 226 of the Constitution and the remedy available to the party aggrieved is to file a civil suit and obtain necessary orders. In view of this the writ petition is disposed of relegating the parties to file a suit before the appropriate civil court. However, in order to enable the petitioner to W.P.(C) No. 14086 OF 2008 -2- move the court as above, it is directed that the interim order passed by this Court on 2.5.2008 will continue to be in force for one month from today. ANTONY DOMINIC JUDGE jan/-