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Judgment
J. Chelameswar, C.J.—Aggrieved by a judgment dated 16th June, 2010 in W.P. (C) No. 9344 of 2010, the unsuccessful petitioners therein preferred the present writ appeal.
The writ petition itself was filed challenging Ext.P2 notice issued by the Erumeli Grama Panchayat. By the said proceedings, the appellants herein were called upon to remove certain boards kept in different parts of the road.
The case of the appellants is that the roads are private roads in a rubber estate admeasuring a large extent of 2263 Acres and the Panchayat has no manner of jurisdiction to call upon the appellants to do or desist from doing anything in their private property.
It appears that in response to the abovementioned notice the appellants have already submitted their written objection. In the circumstances, a learned Judge of this Court by the judgment under appeal disposed of the writ petition without granting any further relief with an observation that the Panchayat will examine the objection raised by the appellants and take appropriate decision thereon.
Apart from the direction of the learned Judge by the judgment under appeal, we are of the opinion that a decision regarding the rights of the parties to the writ petition, i.e. the right, title and possession of the appellants in the property in question and the authority of the Panchayat to issue such a direction, necessarily depends upon the establishment of certain basic facts which can only be established on evidence. The jurisdiction of this Court under Article 226 of the Constitution is not normally exercised to decide questions of fact.
In the circumstances, we do not see any reason to interfere with the judgment under appeal and the writ appeal is dismissed at the admission stage.