IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8392 of 2008(Y)
1. BENNY ABRAHAM, AGED 39 YEARS,
... Petitioner
Vs
1. MEENACHIL GRAMA PANCHAYATH
... Respondent
2. SECRETARY, MEENACHIL GRAMA PANCHAYATH,
3. TAHSILDAR, TALUK OFFICE, MEENACHIL
4. VILLAGE OFFICER, POOVARANI,
5. D.SURESH, URAPPANKUZHIYIL HOUSE,
6. O.A.KARUNAKARAN, URAPPANKUZHIYIL HOUSE,
For Petitioner :SRI.T.M.ABDUL LATHEEF
For Respondent :SRI.SHAJI THOMAS PORKKATTIL
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/05/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 8392 OF 2008 Y
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Dated this the 22nd May, 2008.
J U D G M E N T
The writ petition has been filed aggrieved by Ext. P1 decision
of the 1st respondent permitting construction of a pathway through
the side of a thodu. According to the petitioner that will result in
reduction in extent of his land and that the beneficiaries of the said
pathway have other access available to their properties.
2. Counter affidavits have been filed by respondents 1and 2, 5
and 6 from which it is obvious that there is absolutely no
encroachment on the petitioner’s property and if that be so, the
petitioner cannot complain that he is aggrieved in any manner by
the construction of the pathway in question.
3. That apart, it is also seen that if at all the petitioner is
aggrieved he has statutory remedy of appeal. In view of the above
reasons, the writ petition is only to be dismissed and I do so.
However, it will be open to the petitioner to avail the appellate
remedy, if so advised.
ANTONY DOMINIC
JUDGE
jan/-