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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Good Shepherd Educational – Appellant
Versus
Chungathara Grama Panchayat – Respondent
JUDGMENT :
Muralee Krishna, J.
The appellant, who is the petitioner in W.P. (C)No.22531 of 2013 and W.P.(C)No.26573 of 2013, filed these writ appeals against the common judgment dated 31.10.2018, passed by the learned Single Judge in those writ petitions. Since the issue involved in both these writ appeals are interconnected and the appellant is mainly aggrieved by the dismissal of W.P.(C)No.26573 of 2013, the parties, the facts and the documents are referred to this judgment as in W.A.No.1736 of 2019 and the corresponding W.P.(C)No.26573 of 2013, unless otherwise stated.
2. The appellant is a Trust by name 'Good Shepherd Educational and Charitable Trust ('the Trust' in short) represented by its Managing Trustee. Going by the averments in the writ petitions, the Trust is running a School by the name 'The Good Shepherd Modern English School' affiliated to the Council for the Indian School Certificate Examination, New Delhi. The appellant owns 4.2280 Hectares of land in Survey Nos.351/1, 351/3, 354/7 and 354/11 of Chungathara Village. The property of the appellant is not situated by the side of Palunda-Palundakunnu Road. The only road facility available to the property of the appellant
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.
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The court ruled that the petitioner failed to establish a prima facie case for a right to passage, as an alternative route was provided and the land was leased to developers.
The plaintiff must demonstrate ownership or lawful possession to maintain a suit for permanent injunction; lack thereof results in dismissal.
The determination of public roads' status requires a legal process; mere usage does not confer public rights when ownership remains private.
Land Acquisition - Legitimate right, title and possession of property - It is well settled principle of law that the plaintiff could not have been forcibly dispossessed of his property without resort....
A party cannot seek relief in a new suit while suppressing material facts from previous related litigations, as this undermines the integrity of the judicial process.
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.
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