IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 OP.No. 14742 of 2002(E) ----------------------- PETITIONER: ------------ ANTONY, AGED 59, S/O. MATHAI, VEVUKKAD HOUSE, OLANAD, ALANGAD PANCHAYATH, PARUR TALUK. BY ADV. SRI.K.S.MADHUSOODANAN SRI.C.P.PEETHAMBARAN RESPONDENTS: ------------- 1. DIST. COLLECTOR, ERNAKULAM. 2. EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT. KAKKANAD, ERNAKULAM. 3. TALUK SURVEYOR, NORTH PARUR. 4. ALASNGAD GRAMA PANCHAYATH, OLASNGAD, NORTH PARUR, REP. BY SECRETARY. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.14742/2002 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE WILL BEARING REGN.NO.3/1987 DT. 1.1.1987. EXT.P2 : TRUE COPY OF THE COMPLAINT DT. 30.5.2002 GIVEN BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P2A TRUE COPY OF THE REGISTRATION SLIP. KURIAN JOSEPH, J. ---------------------------------------------- Original Petition No.14742 of 2002 ---------------------------------------------- Dated 22nd February, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- (i) “Issue a writ of mandamus directing the 2nd respondent to refrain from acquiring the property extending 7.045 cents in Sy.No.15/3 of Alangad Village except under due process of law. (ii) Issue a writ of mandamus directing the first respondent to intervene, on the basis of Ext.P2 complaint, against the 2nd respondent's attempt to encroach the property covered under Ext.P1.” There is already an interim order dated 18.6.2002 in C.M.P.No.24942/02, which reads as follows : “No affidavit is filed pursuant to the order dated 11.6.2002. Therefore, until further orders no construction shall be undertaken by the respondents in the property covered by Ext.P1.” The writ petition is accordingly disposed of directing the first respondent to look into Ext.P2 with notice to the petitioner and the 4th respondent and take appropriate action on the complaint expeditiously. The interim order referred to above shall continue till such time. C.M.P.No.24942/02 : Closed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- Original Petition No.14742 of 2002 ---------------------------------------------- J U D G M E N T Dated 22nd February, 2008.