IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10800 of 2010(Y) -------------------------- PETITIONER(S): --------------- JOSHUA GEORGE, AGED 43 YEARS, S/O.GEORGE, VADAKKEVILAYIL HOUSE, THUMPAMON NORTH, KULANADA, PANDALAM. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KULANADA GRAMA PANCHAYAT, OFFICE OF THE GRAMA PANCHAYAT, KULANADA P.O., PANDALAM-689 503, REPRESENTED BY ITS SECRETARY. BY GP SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).10800/2010 -------------------- Dated this the 30th day of March, 2010 JUDGMENT Challenge is against Ext.P5 notice issued by the Panchayat. Admittedly petitioner had taken on lease a place belonging to the Panchayat and according to him, he made certain constructions and was carrying on business in the said land. It is stated that by Ext.P5, he has been asked to surrender the land within three dates of receipt of notice. Petitioner contends that he is entitled to continue by virtue of the provisions under Section 60(a) and (b) of the Indian Easements Act. Learned counsel also submits that petitioner cannot be vacated from the land otherwise than in accordance with law. 2. If the petitioner is claiming easementary right, he will have to approach the Civil Court or other appropriate forum, where factual questions can be adjudicated and issue can be settled on evidence to be adduced in this behalf. Ext.P5 notice only requires the petitioner to vacate and surrender the property to W.P.(C).10800/10 2 the Panchayat. If the petitioner does not comply with the said notice, it is upto the Panchayat to take action in accordance with law. At present I have no reason to think that the Panchayat will take action otherwise than in accordance with law. Therefore, I do not find any merit in the writ petition. It is accordingly dismissed. ANTONY DOMINIC, Judge mrcs