WPC 9344/2015 - The panchayath has no authority to to use the land vested with them for construction . The Panchayat cannot be permitted to put up any construction. Vesting with the Panchayat is only for the purpose of management. The land belongs o the Government. Unless and until the Government assign the land to the Panchayat, they cannot put up any construction in the land.

1. IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 18TH DAY OF JULY 2019 / 27TH ASHADHA, 1941
WP(C).No.9344 of 2015
PETITIONER:
SATHIKUMARI,
D/O.RAGHAVAN PILLAI, HOUSE WIFE, IDAYIL HOUSE, ANNAL,
PIRAPPANCODE, PIRAPPANCODE P.O., TRIVANDRUM-695607.
BY ADVS.
SRI.GEORGE THOMAS (MEVADA)(SR.)
SRI.AMAL GEORGE
SRI.MANU GEORGE KURUVILLA
RESPONDENTS:
1 ANILKUMAR,
AGED 43 YEARS,
S/O.PRABHAKARAN NAIR, PRABHA NILAYAM, ANNAL,
PIRAPPANCODE, PIRAPPANCODE P.O., MANICKAL VILLAGE,
PIN 695607.
2 AJITH KUMAR P.D.,
AGED 43 YEARS
S/O.PRABHAKARAN NAIR, PRABHA NILAYAM, ANNAL,
PIRAPPANCODE, PIRAPPANCODE P.O., MANICKAL VILLAGE,
PIN 695607.
3 THE DISTRICT COLLECTOR,
COLLECTORATE, THIRUVANANTHAPURAM-695001.
4 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5 THE VILLAGE OFFICER,
MANICKAL VILLAGE, PIRAPPANCODE P.O., PIN 695607.
6 MANICKAL GRAMA PANCHAYATH,
MANICKAL, PIRAPPANCODE P.O., PIN 695607, REPRESENTED
BY THE SECRETARY.
7 THE LAND REVENUE COMMISSIONER,

2. WP(C).No.9344 of 2015
2
OFFICE OF THE LAND REVENUE COMMISSIONER,
TRIVANDRUM-695001.
8 THE TAHSILDAR,
NEDUMANGADU TALUK, NEDUMANGADU, TRIVANDRUM, PIN
695541.
BY ADV. SRI.J.JAYAKUMAR
A.C. VIDYA GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

3. WP(C).No.9344 of 2015
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JUDGMENT
The dispute in this matter regarding nature
of use of Government land vested with the
Panchayat.
2. The petitioner claims that a puramboke
land comprised in survey No.328/4 in Manickal
Village being used as a public way.
3. There were encroachments over this land
by the respondents 1 and 2. Thereafter, the
Revenue Authority removed the encroachment. There
was a proposal to widen the existing public way
puramboke by including petitioner's land as well.
The petitioner did not respond to the proposal
stating that a civil case is pending.
4. The petitioner approached this Court
challenging an order (Ext.P8) passed by the
District Collector permitting the Panchayat to
use the land for other purposes.
5. As seen from Ext.P6 report of Additional

4. WP(C).No.9344 of 2015
4
Tahsildar, this land being used as public way.
The Panchayat cannot be permitted to put up any
construction. Vesting with the Panchayat is only
for the purpose of management. The land belongs o
the Government. Unless and until the Government
assign the land to the Panchayat, they cannot put
up any construction in the land.
6. It is to be noted that the notice was
served on the Panchayat, they have not chosen to
appear in the matter.
7. Taking note of the fact that this being
used as a pubic way, the Panchayat is directed to
remove all obstructions in the land being used as
a public way. It shall be done within a period of
one month. Status Quo ante as on the date of
Ext.P8 shall be maintained by the parties.
Further use of the land would depend upon any
decision of the Government. The order issued by
the District Collector is contrary to the
existing law in regard to the nature of activity
can be permitted in the land. To that extent the

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impugned order is quashed.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE

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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 EXHIBIT-P1: TRUE PHOTOCOPY OF THE SKETCH OF
FIELD NUMBER 328, ATTESTED BY THE
SECRETARY, MANICKAL GRAMA PANCHAYATH.
EXHIBIT P2 EXHIBIT-P2: TRUE PHOTOCOPY OF THE REPORT OF
THE VILLAGE OFFICER, NEDUMANGAD, DATED
10/9/2012.
EXHIBIT P3 EXHIBIT-P3: TRUE PHOTOCOPY OF THE MAHAZER
PREPARED BY THE VILLAGE OFFICER DATED
12.09.2012.
EXHIBIT P4 EXHIBIT-P4: TRUE PHOTOCOPY OF THE
RESOLUTION NUMBER X PASSED BY THE 6TH
RESPONDENT DATED 5/01/2013.
EXHIBIT P5 EXHIBIT-P5: TRUE PHOTOCOPY OF THE ORDER BY
TAHSILDAR CUM EXECUTIVE MAGISTRATE, DATED
16/04/2013.
EXHIBIT P6 EXHIBIT-P6: TRUE PHOTOCOPY OF THE
COMMUNICATION BY TAHSILDAR CUM EXECUTIVE
MAGISTRATE, DATED 07/05/2013.
EXHIBIT P7 EXHIBIT-P7: TRUE PHOTOCOPY OF THE COMPLAINT
BEFORE THE HONOURABLE CHIEF MINISTER OF
KERALA SUBMITTED BY RESPONDENTS 1 AND 2
DATED 15/05/13.
EXHIBIT P8 EXHIBIT-P8: TRUE PHOTOCOPY OF THE ORDER
ISSUED BY THE 3RD RESPONDENT, DATED
7/11/14.
EXHIBIT P9 EXHIBIT-P9: TRUE PHOTOCOPY OF THE CIRCULAR
ISSUED BY THE LAND REVENUE COMMISSIONER
DATED 08/05/2013.
EXHIBIT P10 EXHIBIT-P10: PHOTOGRAPH SHOWING THE BOARD
PUT UP BY THE 6TH RESPONDENT PROHIBITING
USE OF PASSAGE.

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EXHIBIT P11 EXHIBIT-P11: PHOTOGRAPH SHOWING THE
BLOCKAGE OF THE PASSAGE WITH BROKEN
GRANITE.
RESPONDENTS' EXHIBITS:- NIL
SAS/18/07/2019
//TRUE COPY//
P.A. TO JUDGE