IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937

WP(C).No. 6384 of 2015 (W)

-------------------------------------------

PETITIONER:

MARIAM BEEVI, AGED 40 YEARS,

D/O SYED MOHAMMED, ANUGRAHA HOUSE,

ATHIRAMPUZHA VILLAGE, PADINJARUBHAGOM

KARA, ATHIRMAPUZHA P.O, KOTTAYAM TALUK,

KOTTAYAM DISTRICT

BY ADVS.SRI.SIRAJ KAROLY

SRI.R.PARAMESWARA IYER

RESPONDENTS:

1. THE SECRETARY, ATHIRAMPUZHA GRAMA PANCHAYATH,

ATHIRAMPUZHA GRAMA PANCHAYATH OFFICE,

ATHIRAMPUZHA P.O, KOTTAYAM DISTRICT 686 562.

2. ATHIRAMPUZHA GRAMA PANCHAYATH,

REP. BY ITS SECRETARY, PANCHAYATH OFFICE,

ATHIRAMPUZHA P.O, KOTTAYAM TALUK,

KOTTAYAM DISTRICT 686 562.

3. THE DISTRICT COLLECTOR, KOTTAYAM,

COLLECTORATE, KANJIKUZHY,

KOTTAYAM 686 001.

4. THE DIRECTOR OF PANCHAYATH,

THIRUVANANTHAPURAM 695 001.

5. THE SECRETARY, LOCAL SELF ADMINISTRATION,

GOVERNMENT OF KERALA,GOVT. SECRETARIAT,

THIRUVANANTHAPURAM 695 001.

R1-R2 BY ADV. SRI.RAJESH THOMAS

R3-R5 BY GOVT. PLEADER SMT.C.K.SHERIN

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

31-03-2015, THE COURT ON 10-04-2015 DELIVERED THE FOLLOWING:

APPENDIX IN WP(C).No. 6384 of 2015 (W)

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED

16.02.2015 ISSUED BY ATHIRAMPUZHA VILLAGE OFFICE

EXHIBIT P1(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P1

EXHIBIT P2 TRUE COPY OF THE SKETCH OF THE PROPERTY DATED

16.02.2015 ISSUED BY THE VILLAGE OFFICER, ATHIRAMPUZHA.

EXHIBIT P2(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P2

EXHIBIT P3 TRUE COPY OF THE LAND TAX PAID RECEIPT

EXHIBIT P3(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P3

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 28-03-2011

EXHIBIT P4(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P4

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 12-02-2015

EXHIBIT P5(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P5

EXT. P6 TRUE COPY OF THE REPRESENTATION GIVEN TO THE PANCHAYAT

TO REMOVE THE ROAD FROM THE ASSET REGIATER

EXT. P6(a) ENGLISH TRANSLATION OF EXT P6

EXT. P7 TRUE COPY OF THE REPLY

EXT. P7(A) ENGLISH TRANSLATION OF EXT P7

EXT. P8 TRUE COPY OF THE PURCHASE DEED DATED 15.3.2002 HAVING NO.

603/2002 OF THE ETTUMANNOR SUB REGISTRY

EXT. P8(a) ENGLISH TRANSLATION OF EXT P8

RESPONDENT'S EXHIBITS:

EXT. R1(a) TRUE RELEVANT EXTRACT OF THE DIGITALIZED ASSET

REGISTER MAINTAINED BY THE PANCHAYAT

EXT. R1(b) TRUE ENGLISH TRANSLATION OF EXT R1(a)

EXT. R1(c) TRUE COPY OF THE REPRESENTATION DATED 4.10.2013 FILED BY

THE BENEFICIARIES OF THE GARDEN ROAD

EXT. R1(d) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT R1(c)

EXT. R1(e) TRUE PHOTOGRAPHS OF THE ROAD SHOWING THE WORKS

CARRIED OUT

EXT. R1(g) TRUE COPY OF ESTIMATE FOR PRVIDING INTERLOCK BRINCKS

TO PAVE GARDEN ROAD IN WARD 8 OF ATHIRAMPUZHA PANCHAYAT

EXT. R1(H) TRUE COPY OF THE SITE HAND OVER ORDER DATED 28.1.2015

TO THE CONVENOR OF THE WORK

Dama Seshadri Naidu, J.

-------------------------------------------

W.P.(C)No.6384 of 2015 W

--------------------------------------------

Dated this the 10^th day of April, 2015

JUDGMENT

The issue in this writ petition is whether the road in

question leading to the houses of the petitioner and six

others is an exclusive private path, meant for the benefit of

those seven persons; or a public road vested in the

respondent Grama Panchayat, meant for the benefit of the

general public.

2. Briefly stated, the petitioner, having a residential

building within the limits of the respondent Grama

Panchayat, shares a pathway with six others in the locality.

The pathway, formed when an area of 71 cents of private

land was plotted out by the owner of the property, was only

meant to serve the needs of the houses constructed on

either side of it.

WPC 6384/15

2

3. When the petitioner and her neighbours c