IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19302 of 2009(G)
1. JANAKI AMMA, D/O.PARUKKUTTYAMMA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. VARANTHARAPPILLY GRAMA PANCHAYATH,
3. THE SECRETARY,
For Petitioner :SRI.C.A.CHACKO
For Respondent :SRI.V.M.KRISHNAKUMAR
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :16/09/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J
...........................................
WP(C).NO. 19302 OF 2009
............................................
DATED THIS THE 16TH DAY OF SEPTEMBER, 2009
JUDGMENT
The petitioner is a resident within the limits of second
respondent, panchayat. She wants the panchayat to complete
reconstruction of a road for which, according to her, she had
surrendered some land. It appears from the counter affidavit that
there was an earlier litigation that led to a contempt of court
case. The requirement of a road is not disputed by the Grama
Panchayat. The existence of the road and the fact that it requires
further augmentation are not in dispute. The panchayat states
that it will carry out the work if land is surrendered by persons
whose lands lie abutting the said road. It also undertakes that on
surrender of land, the work would be completed. Even if the land
is not surrendered by any person including the petitioner, as
contended by the panchayat, the panchayat has the duty to
maintain the road that already exists. Surrender of land is
required only for widening the road from six metres to eight
metres. Under such circumstances, there will be a direction that
Wpc 19302/2009 2
the panchayat will take immediate steps to maintain the road
with six metres width and will do the needful for further widening
as and when surrender is completed or following any land
acquisition as required by the panchayat for such purpose. Let
maintenance of the existing road be completed within a period of
five months from now. Writ petition ordered accordingly.
THOTTATHIL B RADHAKRISHNAN,
JUDGE
lgk/17/9