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MURALI PURUSHOTHAMAN
KURIAN PAUL S/O PAUL – Appellant
Versus
INSPECTOR OF POLICE, PUTHUKKAD – Respondent
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.
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.
The court upheld the statutory presumption of the asset register and directed removal of obstructions while allowing the petitioner to pursue civil remedies.
Court's jurisdiction under Article 226 cannot resolve property rights when a civil suit on the same issue is pending.
Deprivation of property requires adherence to legal procedures and compensation under Article 300A of the Constitution; unilateral declarations by local authorities without due process lack legal sta....
A writ petition under Article 226 cannot resolve disputes of fact; res judicata and material suppression are significant in adjudicating the validity of claims in earlier proceedings.
Land encroachment requires proper legal procedure; relief sought against unlawful construction denied due to statutory compliance.
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