IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5584 of 2010(W)
1. JAMES PANDISSERI, AGED 46 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REP. BY ITS SECRETARY,
... Respondent
2. AYYAPPANCOIL GRAMA PANCHAYAT COMMITTEE,
3. AYYAPPANCOIL GRAMA PANCHAYAT,
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/02/2010
O R D E R
ANTONY DOMINIC, J
...........................................
WP(C).NO.5584 OF 2010
............................................
DATED THIS THE 19TH DAY OF FEBRUARY, 2010
JUDGMENT
The petitioner submits that in a property acquired by one of his
brother, respondent Panchayat is proposing to make some
constructions. According to the petitioner, though the land in question
originally belonged to the Panchayat, the Panchayat transferred the said
land by Ext.P1 to one Bhaskaran, from whom his brother acquired the
property by Ext.P2. It is stated that in the property, his brother has
constructed a building and that he was paying tax that is due to the
Panchayat also. According to the petitioner, it is ignoring all these that
the Panchayat proposed to make some constructions, trespassing into
his premises.
2. In my view, the dispute raised in the writ petition is purely a
civil dispute and the property which is claimed to be under the
ownership of the petitioner’s brother may have to be measured and the
title to the land also will have to be determined. Such a course is not
possible in a writ petition and therefore the remedy of the petitioner or
Wpc 5584/2010 2
his brother is to approach the appropriate civil court. Therefore, the
writ petition is dismissed.
ANTONY DOMINIC, JUDGE
lgk