N.RAJA MOHAN v. STATE OF KERALA
Case at a glance
- Decided
- 08 Nov 2006
- Bench
- PIUS C KURIAKOSE
Provisions considered
- Kerala Panchayat Raj Act, 1994 s. 249(1)(a)
Judgment
PIUS C.KURIAKOSE,J.```````````````````````````W.P.(C) NO.29324 OF 2006```````````````````````````Dated this the 8th day of November, 2006J U D G M E N TThe allegation of the petitioner in this writ petition is that the 2ndrespondent Panchayat is going to encroach upon a private pathway belonging to him and widen the same as though the pathway is one which has become vested in the Panchayat. I am of the view that the proper remedy for the petitioner is to approach the civil court. But then referring to Section 249(1) (a) of the Kerala Panchayat Raj Act, 1994, the petitioner submits that if he has to wait till expiry of the notice period, the proposed suit itself will become infructuous. Exhibit P2 suit notice has already been issued. As per that, notice period will expire by 10.12.2006. In view of the above reason, the ground appears to be somewhat genuine. The writ petition will stand disposed of directing the petitioner to go in for suit when the period of notice as per Exhibit P2 expires. Petition isdisposed of accordingly. However, the statusquo obtaining as of now regarding the pathway in question covered by Exhibit P1 deed will be maintained by the petitioner as well as all the respondents till15.12.2006.PIUS C.KURIAKOSE, JUDGERp WPC : 2 :
Questions this judgment answers
Which statutory provisions did this judgment involve?
Kerala Panchayat Raj Act, 1994 — s. 249(1)(a).
Which court decided this case, and when?
Kerala High Court, on 08 Nov 2006. The bench was PIUS C KURIAKOSE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.