IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 28364 of 2010(U) -------------------------- PETITIONER(S): --------------- 1. SURESH JOSEPH,S/O.LATE JOSEPH, ETTUPARAYIL,CHITTOOR ROAD,ERNAKULAM,KOCHI-18. 2. THRESIA VINCENT @ GEETHA,W/O.VINCENT KUTTAMPEROOR, WAXWALL LANE,CHITTOOR ROAD, ERNAKULA, NOW RESIDING AT SOMERSET LANE, BROOKFIELD,WISCONSIN,USA (PETITIONERS 1 & 2 ARE REP.BY THEIR P/A.H.AND THEIR MOTHER MARY JOSEPH, W/O.JOSEPH,ETTUPARAYIL(H),CHITTOOR RD.KOCHI-18. 3. LATHA VENUGOPAL,W/O.VENUGOPAL,SHELTER NO.1A,GROUND FLOOR,CHEROOTY NAGAR,CALICUT-4. BY ADV. SRI.P.KESAVAN NAIR SRI.K.G.CLEETUS RESPONDENT(S): --------------- 1. SECRETARY,THRIKKAKARA GRAMA PANCHAYAT, KAKKAND. PIN 682 030 2. IBRAHIM.K.K,THRIKKAKARA GRAMA PANCHAYAT MEMBER,PODAPPALLY HOUSE,JUDGEMUKKU, THRIKKAKARA, BMC PO.PIN 682 030 3. SHAMSU,VALAMKOTTIL HOUSE, NEAR BHARATHA MATHA COLLEGE,THRIKKAKARA, BMC PO PIN 682 030 BY ADV.SRI.SHANAVAS KHAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.28364 of 2010 ----------------------------------------- Dated this the 14th day of September, 2010 JUDGMENT The main grievance voiced by the petitioners in this writ petition is that the Thrikkakara Grama Panchayat is taking steps to take over the administration and management of a private road over which the public have no right of access. The pleadings disclose that aggrieved by the proposal of the Trikkakara Grama Panchayat to take over and maintain the said road, petitioners have filed Ext.P8 representation before the Secretary of the said Grama Panchayat. 2. Sri.Shanavas Khan, learned Standing Counsel appearing for the Thrikkakara Grama Panchayat, submits that upon receipt of Ext.P8, instructions have been issued to stop the work. He submits that the Panchayat will consider the objections raised by the petitioners in Ext.P8 and take an appropriate decision thereon after notice to and hearing the petitioners and respondents 2 and 3. In such circumstances leaving open the contentions of all sides I dispose of the writ petition with a W.P(C).No.28364 of 2010 -:2:- direction to the Secretary of the Thrikkakara Grama Panchayat to consider the objections raised by the petitioner in Ext.P8 and take an appropriate decision in the matter after affording the petitioners and respondents 2 and 3 a reasonable opportunity of being heard. Final decision in the matter will be taken expeditiously and in any event within one month from the date on which the Secretary of the Thrikkakara Grama Panchayat receives a certified copy of this judgment. Till then status quo as on today shall be maintained. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.28364 of 2010 ---------------------------- JUDGMENT 14th September, 2010