JUDGMENT :

SHAJI P. CHALY, J.

This is a Public Interest Litigation filed by the former Chairman of the Koothattukulam Municipality, Ernakulam District-5th respondent. According to him, he is a social worker and a public spirited person.

2. The grievance highlighted by the petitioner is that a number of mud roads open on both sides used by the general public are not maintained due to the paucity of funds, by the Municipality. Further case of the petitioner is that the funds were misused for concreting and maintenance of the private roads being influenced by interested persons and that certain private owners, who wanted to get their private roads either tarred or concreted, influenced the Councilors and on understanding got requests from the owners and on the basis of the same, the road will be included in the asset register of the Municipality illegally and after that tarring or concreting is being done.

3. Further, it is contended that the private owners are paying land tax on the property and they will not allow others to draw electric lines and pipelines through that road and even not allow others to use that road. The sum and substance of the contention advanced is that since it is