High Court Kerala High Court

Praveen Kumar vs The Secretary on 24 February, 2010

Kerala High Court
Praveen Kumar vs The Secretary on 24 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5861 of 2009(C)


1. PRAVEEN KUMAR
                      ...  Petitioner

                        Vs



1. THE SECRETARY
                       ...       Respondent

                For Petitioner  :SRI.JOHN VARGHESE (VEYKKAN)

                For Respondent  :SRI.T.A.SHAJI

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :24/02/2010

 O R D E R
                     ANTONY DOMINIC, J.
                   ================
                W.P.(C) NO. 5861 OF 2009 (C)
                =====================

         Dated this the 24th day of February, 2010

                          J U D G M E N T

Petitioner owns property in Sy.No.195 of Pallipuram Village,

where he is residing with his family. According to the petitioner,

adjacent to the above property, Panchayat has a property through

which there is a pathway, which he was using for his access to his

residential premises. It is stated that by long use of the land, he

acquired easement right over the said property.

2. While so, the Panchayat started to excavate the land

for the purpose of constructing compound wall enclosing the

property, which if materializes, will result in blockage of the

pathway, which the petitioner was using. It is in these

circumstances after making Ext.P4 representation and when there

was no response from the Panchayat, he filed this writ petition.

By order dated 2/3/2009, this Court directed that construction of

the compound wall by the respondent Panchayat shall not

obstruct the ingress and egress of the petitioner to his property,

and this order remains in force even now.

3. The contention of the Panchayat is that dispute is

WPC 5861/09
:2 :

purely a matter of civil nature, and if at all the petitioner has a

cause of action, that should be agitated before the Civil Court. I

am inclined to agree with the counsel for the Panchayat that in

the nature of the dispute that is raised, the remedy available to

the petitioner is before the Civil Court. However, as rightly

pointed out by the counsel for the petitioner, such a civil remedy

can be availed of only after serving notice on the Panchayat as

required under Section 249 of the Kerala Panchayat Raj Act and

that in the meanwhile, if the compound wall is constructed and

the access is blocked, according to the petitioner, serious

prejudice will be cased to him. In order to avoid such a situation

and as the remedy of the petitioner lies before the Civil Court, it is

ordered that the interim order dated 2/3/2009 will remain in force

for a period of six weeks from today and in the meanwhile, it is up

to the petitioner to seek his remedies before the appropriate Civil

Court.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE

Rp