Aggrieved by the inaction on the part of the respondent Panchayat in properly maintaining the pathway which runs along the side of the Pakara thodu, the petitioner who is the resident of Pakara in Thanalur Panchayat has approached this Court.
2. The petitioner alleges that he is residing near the thodu situated behind the AMLP School, Thazhe Pakara. According to him, he as well as nearby residents are using the side of the thodu as a way to their houses and that is their only way. He further alleges that if the thodu is protected by the respondent Panchayat, the petitioner and other residents of the locality could easily use it as a way to their property. Therefore, according to the petitioner, representations were filed before the respondent Panchayat to fix the boundary of the thodu as well as the puramboke land abutting the said thodu so that the way could be protected.
3. The petitioner further alleges that this can be done only after properly identifying the puramboke land with the assistance of WP(C).25474/12 -:2:-
a Taluk Surveyor. According to the petitioner, the 5th respondent has asked the Panchayat to request assistant of the Taluk Surveyor to fix the boundary and the puramboke land. It is also submitted that the Panchayat had filed an application before the Taluk Surveyor and the survey of the property has been done by the Taluk Surveyor with notice to the nearby residents and fixed the boundary of the thodu and filed a report before the Panchayat to take further steps. The grievance of the petitioner is that in spite of the filing of the report, the respondent Panchayat has not not taken any action in this regard and, therefore, the petitioner as well as the nearby residents are put to much difficulties.
4. Though notice has been served on the respondent Panchayat, they have not turned up.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter.
6. It is evident from the record now placed on board that the 4th respondent has completed the survey and re-fixed the boundary of the thodu situated in Sy.Nos.316, 317, 318 and 337 of the respondent Panchayat. As the water courses within the local limits of the respondent Panchayat are vested with them, they are duty WP(C).25474/12 -:3:-
bound to maintain the same.
7. The learned counsel for the petitioner would submit that after the filing of Ext.P6 report the Taluk Surveyor has fixed the boundary and, therefore, it is easy for the respondent Panchayat to proceed with the matter. In the light of the submissions made by the learned counsel for the petitioner and the records placed on board, this Court is of the definite view that the petitioner is entitled to get the relief prayed for.
Therefore, the Writ Petition is disposed of directing respondents 1 and 2 to take further steps to protect and maintain the public way abutting the thodu situated in Sy.Nos.337/4 of Thanalur village in accordance with the report filed by the Taluk Surveyor fixing the boundary of the thodu so that the petitioner and other local residents would use the same safely for ingress and egress.
krj Sd/-
A.V.RAMAKRISHNA PILLAI JUDGE /True Copy/ P.A to Judge