Point of Law: Section 272 of K.P.R. Act provides that all roads vested in or maintained by a Panchayat shall be open to use and enjoyment of all persons.

JUDGMENT :

MURALI PURUSHOTHAMAN, J.

1. The petitioner is a permanent resident of Alakappanagar Grama Panchayat (hereinafter referred to as the ‘Panchayat’ for short), the 4th respondent. The property of the petitioner was purchased as per Ext. P1 sale-deed dated 24.01.1997 and the dwelling is assessed to property tax by the Panchayat.

2. The petitioner states that there is a road by name ‘Manjali road’ (the road for short) used by the public on the northern side of his property which is vested in the Panchayat and included in Ext. P4 Asset Register of the Panchayat.

3. The petitioner contends that, respondents 5 to 7, who are the residents at the terminal end of the road, have blocked his entry to the road from his residence by putting metal fencing sheets on the side of the road. Though the petitioner raised objection against blocking his entry to the road, he was assaulted and a case is registered against respondents 5 and 6 by the Police. The petitioner contends that the persons having land on either side of the road have got every right to use the road and the Panchayat has a duty to remove the obstruction under the provisions of the Kerala Panchayat Raj Act, 1994 (for brevity K.P.R. Act) and the Revenue Divisional Officer, the 3rd respondent has also a duty to remove the obstruction from public road exercising powers under Section 133 of the Code of Criminal Procedure, 1973. Though the petitioner approached respondents 3 and 4 to take steps for removal of obstruction, they have not taken any action. The petitioner also submits that he has filed a suit before the Munsiff's Court, Irinjalakkuda as O.S. No. 345/2022 arraying respondents 5 and 6 herein as defendants for fixation of boundary and consequential injunction, which is pending. The petitioner contends that since the only cartable road to his property has been obstructed, his freedom of movement guaranteed under the Constitution has been infringed and therefore, prays for direction to respondents 1 to 4 to remove the obstruction on the road.

4. When the writ petition came up for admission on 21.10.2022, this Court ordered notice to respondents 5 to 7 by special messenger and posted the writ petition on 28.10.2022. On the said day, respondents 5 to 7 entered appearance through counsel and sought time for filing counter affidavit. The learned counsel for the petitioner submitted that the petitioner's wife had undergone a surgery recently and the road referred to in Ext. P4 is the only cartable road from his residence. Taking note of the medical emergency, this Court passed an interim order on 28.10.2022 and the relevant portion of the order reads as under:

“3. It is submitted by the learned counsel for the petitioner that the wife of the petitioner has undergone a surgery recently and that the village road referred to in Exts.P4 and P5 is the only cartable road from the residence of the petitioner.

4. There will be a direction to respondents 5 to 7 to remove the metal fencing in front of the house of the petitioner so as to have ingress and egress to his residence including the movement of petitioner's vehicle.

5. This order will be without prejudice to the contentions of the parties in any pending suit.

Post on 01.11.2022.”

5. On 01.11.2022, when the writ petition came up for consideration, it was submitted by the learned counsel for the petitioner that the interim order dated 28.10.2022 was not complied with by respondents 5 to 7. The writ petition was posted to 02.11.2022 and the respondents 4 and 6 filed counter affidavits. When the matter was taken up for consideration on 04.11.2022, this Court passed an order, the relevant portion whereof reads as under:

“6. The interim order dated 28.10.2022 was passed taking into consideration the medical emergency pointed out by the petitioner. Admittedly, the order is not complied with by respondents 5 to 7. There will be a direction to the Secretary of the 4th respondent Panchayat to remove such part of the metal fencing in front of th