The grievance of the petitioner is against inclusion of a private road in the Assets Register of the Panchayath. It is alleged that, the impugned action has been motivated by political and other undue influence exerted by the second respondent and his wife, who is a Panchayath member. The allegations are denied by the second respondent who has entered appearance through counsel. 2. Adv.P.Venugopal appears for the Panchayath. A counter affidavit has been filed. Paragraph 3 of the counter affidavit reads as follows:
“3. It is respectfully submitted that the grievance of the petitioner in including item 40 and 41 in the Asset Register was brought to the notice of the Panchayat as per Ext.P8. Simultaneously, another complaint signed by 102 individuals (including members belonging to scheduled tribes) was also received by the Panchayat claiming that it is a public way used by them since long time. On receipt of Ext.P8 complaint from the petitioner and also the mass petition, on 13.11.2013 the W.P.(C).No.28759 of 2013 2 Panchayat Committee has appointed the Secretary and the Assistant Engineer to enquire about the complaints and to submit a report. Immediately thereafter, the petitioner hs approached this Honourable court with the above writ petition. In view of the filing of the writ petition and receipt of the Notice in the same, no further steps are taken in the matter, awaiting appropriate orders/directions from this Honourable Court. It is respectfully submitted that Ext.P8 complaint and the enquiry directed to be held in the matter is still pending. As such, it is respectfully submitted that there is no serious miscarriage of justice caused to the petitioner.”
3. It is clear from the above statement in the counter affidavit of the Panchayath that, the Panchyath was in the process of taking appropriate action on the complaints received by it, Ext.P8. It is only because of the pendency of this writ petition that no further proceedings have been pursued. The counsel for the Panchayath submits that the matter would be finalised after hearing all parties, within a stipulated time.
In view of the above, this writ petition is disposed of, directing the first respondent to complete the proceedings initiated as stated in paragraph 3 of the counter affidavit, in accordance with law and to pass final orders in the matter, after hearing all interested parties, including the petitioner and the W.P.(C).No.28759 of 2013 3 second respondent. Orders as indicated above shall be issued, as expeditiously as possible, and at any rate, within a period of two months of the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE.
rkc.