IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 35717 of 2004(B) -------------------------- PETITIONER: ------------ RADHAMANI, W/O.CHACKEDATH GOPINATHAN, PAZHUVIL DESOM AND VILLAGE, THRISSUR TALUK. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT: ------------- CHAZHUR GRAMA PANCHAYATH, REP.Y ITS SECRETARY, PAZHUVIL P.O., THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 35717/2004. --------------------------------------------------------------------- EXT.P1 TRUE COPY OF SKETCH. EXT.P2 JUDGMENT IN W.A.NO. 255/2000. RESPONDENT'S EXHIBITS: -------------------------------------- EXT.R1(a) NOTICE DT. 29-8-2001. EXT.R1(b) LETTER DT. 25-8-2001. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 35717 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th June, 2008. J U D G M E N T Petitioner is aggrieved by the alleged action of the respondent- Panchayat in obstructing the petitioner's right of way through the two cents of property admittedly belonging to the Panchayat. When it was pointed out to the learned counsel for the petitioner that the proper remedy for seeking such relief is to file a suit and not to file a writ petition under Article 226 of the Constitution, the petitioner seeks a breathing time to file a suit in the matter. But, he expresses an apprehension that he may have to issue a statutory notice of two months and therefore he seeks two months' time to file the suit. Learned counsel for the respondent-Panchayat fairly submits that the Panchayat is prepared to accept the writ petition itself as the statutory notice and waive the necessity of any further statutory notice. In the above circumstances, this writ petition is disposed of maintaining the stay granted in this writ petition for two more weeks, within which time, the petitioner shall seek her remedy before the civil court. The civil court hearing the case shall note the fact that the respondent Panchayat has accepted the writ petition as the statutory notice and has waived the requirement of any further notice and entertain the suit accordingly. Sd/- S. Siri Jagan, Judge. Tds/