AI Structured Summary
Not yet generated for this judgment
Judgment
Gopinath P., J
Petitioners, who are senior citizens have approached this Court being aggrieved by the fact that a certain public pathway, which is the sole ingress and egress of the petitioners to their property, is being encroached upon by persons residing on both sides of the pathway.
The learned counsel appearing for the petitioners would submit that though the petitioners had submitted numerous complaints, no action has been taken by the authorities in the matter.
The learned Senior Government Pleader appearing for respondents 1 to 4 would submit that the 3rd respondent can be directed to consider the grievance of the petitioners and take action to protect the pathway, if it is found that there are encroachments.
The learned counsel appearing for respondents 5 and 6 would submit that the pathway in question is not a pathway included in the asset register of the Panchayat and therefore, the Panchayat is not in a position to take action in the matter.
The learned counsel appearing for the petitioners would submit that the petitioners would be satisfied if a direction is issued to the 3rd respondent to consider and take action in the matter, in accordance with law.
Having heard the learned counsel for the petitioners, the learned Senior Government Pleader appearing for respondents 1 to 4 and learned counsel appearing for respondents 5 and 6, this writ petition will stand disposed of directing the 3rd respondent to consider the grievance raised by the petitioners and to take appropriate decision in the matter, after affording to the petitioners an opportunity of being heard. The 3rd respondent shall also ensure that proper notice is given to all the parties, who may be affected by any decision taken by the 3rd respondent. The 3rd respondent shall also issue notice to the Cochin Devaswom Board, if it is found that any property of the Devaswom Board is involved in the matter. Necessary action shall be taken as directed above, within a period of six months from the date of receipt of a certified copy of this judgment.
The writ petition will stand disposed of as above.