IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 503 OF 2009 MRS. MELANY FERNANDES ... Petitioner Versus THE VILLAGE PANCHAYAT OF SERNABATIM, VANELIM, COLVA AND GANDAULIM THROUGH SARPANCH AND 6 ORS., ... Respondents Shri Nigel Da Costa Frias, Advocate for the Petitioner. Shri P. Talaulikar holding for Shri Vivek Rodrigues, Additional Government Advocate for Respondent Nos. 2, 3, 4 and 5. Shri G. Teles holding for Shri C. A. Ferreira, Advocate for Respondent No.1. Shri C. A. Coutinho, Advocate for Respondent No.6. Coram:- N. A. BRITTO & U. D. SALVI, JJ. Date:- 27th January, 2010 P.C.:- Heard Shri Nigel da Costa Frias, learned Counsel on behalf of the Petitioner and Shri C. A. Coutinho, learned Counsel on behalf of Respondent No.6. The main relief sought by the Petitioner is for a direction to Respondent Nos.1 to 4 to take appropriate action for demolition of illegal construction carried out by Respondent No.6 over a public drain in survey no.46/7. The contention of the Petitioner is that there was a water drain/"paind" running from east to west. The said "paind" is shown on the plan of the Comunidade, copy of which is at page 53 of the paper book. The said "paind" has not been shown to that extent, on the survey plan, and on the survey plan it is shown only on the extreme west. A copy of the survey plan is at page 93 and the said "paind" is shown below survey no.45/3 and above survey no.46/7. Respondent No.6 has filed a sketch at page 67 and the said sketch prima facie shows that the construction carried out by Respondent No.6 does not encroach on the "paind" or the drain as shown on survey plan below survey no.45/6. The Panchayat also appears to have inspected the site and the said inspection report is at page 41 A. It was a site inspection carried out by the Village Panchayat Secretary along with two panch members who did not find the existence of a "paind" at that place. The Respondent/Comunidade is a party to the petition but has not put its appearance. The "paind" might have been shown on the plan of the Comunidade. It is only partly shown on the survey plan and was not found at the time of inspection. In our view, the petition involves disputed questions of facts and as such we are not inclined to entertain the same. Petition, therefore, is hereby dismissed. Petitioner is always at liberty to pursue the remedy of a civil suit. N. A. BRITTO, J. U. D. SALVI, J. RD.