IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 13910 of 2010(K) --------------------------------------- PETITIONER: ------------------- RAJU PETER, KOCHAPPILLIL HOUSE, MUDAVUKODE, MULAMTHURUTHY, ERNAKULAM. BY ADV. SRI.SABU THOZHUPPADAN. RESPONDENT: ---------------------- CHOTTANIKKARA GRAMA PANCHAYATH, CHOTTANIKKARA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.S.SREEKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13910/2010-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: A SKETCH SHOWING THE LOCATION OF 3.10 AREA OF LAND. EXT.P.2: COPY OF THE SALE DEED NO. 3068/95 OF MULAMTHURUTHY SUB REGISTRY. EXT.P.3: COPY OF THE SALE DEED NO.3069/95 OF MULAMTHURUTHY SUB REGISTRY. EXT.P.4: COPY OF THE POWER OF ATTORNEY NO. 30/IV/03 OF MULAMTHURUTHY SUB REGISTRY. EXT.P.5: COPY OF THE PETITION DTD. 20/04/2010 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 13910 of 2010-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2010. JUDGMENT The main relief sought for in the writ petition is the following: “Issue a writ of mandamus or other appropriate writ direction or order directing the respondent to abstain from doing any work in 3.10 ares (7.659 cents) of land in Re.Survey No.119/10 of Kureekkad Village, Ernakulam District under the ownership, possession and enjoyment and management of the petitioner without obtaining consent from the petitioner and not to spend public money for the development of private land.” The allegation raised in the writ petition is that the Panchayat is trying to encroach upon the petitioner's land which is in his possession and management. 2. Learned Standing Counsel for the Panchayat submitted that the land in question was surrendered to the Panchayat along with properties of some other owners, to be maintained by them for the purpose of constructing a public road. Evidently, this is a disputed question of fact. Since the petitioner is asserting his right in the property, The proper wpc 13910/2010 2 remedy is to approach the civil court in the matter. Therefore, without prejudice to the said right, the writ petition is dismissed. (T.R. Ramachandran Nair, Judge.) kav/