The petitioners are residents of the first respondent Panchayat. They are users of a road by name “Chalikkal Sunnipalli Road” touching another road by name, Pallunda Munderi road. The road is situate in ward No: II of the first respondent Panchayat. The fourth respondent tried to construct an arch across the road. Though the petitioners objected to the construction, they have already constructed it, violating a stop memo issued by the Panchayat. They have also moved an application for removal of the road from the Asset Register of the Panchayat. On the said application, the first respondent has issued Ext.P8 notice calling for objections from interested persons. The petitioners have submitted Ext.P9 objections. Though they have followed up the same with Ext.P10 representation, they complain that no orders have been passed in the matter till date. The petitioners apprehend that the request of the fourth respondent would be allowed without considering their objections or giving them an opportunity to substantiate their objections. The petitioners therefore seek the issue of appropriate directions to finalise the proceedings after considering Exts.P9 and P10. 2. In view of the limited relief that is sought, I do not consider it necessary to issue notice to respondents 1 and 4. The Govt. Pleader takes notice for respondents 2,3 and 5.
This writ petition is therefore disposed of directing the first respondent to finalise the proceedings initiated as per Ext.P8, only after considering the objections of the petitioners set out in Ext.P9 as well as Ext.P10 representations submitted by them and after giving an opportunity of being heard to the petitioners as well as the other interested persons. Needless to observe that, if the request of the fourth respondent is disallowed, action to dismantle the arch constructed shall also follow.
jj /True copy/ Sd/-
K. SURENDRA MOHAN Judge