IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WP(C).No. 15169 of 2011(U) --------------------------------------- PETITIONER: ------------------- SAILENDRAN NAIR, S/O.SURENDRAN PILLAI, 'SREESAILAM', MAVILA, AUGUSTHYACODU MURI, ANCHAL VILLAGE, AREEPLACHI P.O., PATHANAPURAM TALUK, REP. BY HIS POWER OF ATTORNEY AJITHA S.NAIR, W/O.SAILENDRAN NAIR, DO. DO. BY ADVS. SRI.R.ARUN RAJ, SRI.R.KRISHNAKUMAR (CHERTHALA). RESPONDENTS: ------------------------ 1. ANCHAL GRAMA PANCHAYATH (SPECIAL GRADE), REP. BY ITS SECRETARY, PANCHAYATH OFFICE, ANCHAL, KOLLAM DISTRICT, PIN-691 306. 2. DEPUTY DIRECTOR OF PANCHAYATH, KOLLAM-691 001. 3. DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM-695 001. 4. RAJAN, S/O.NANU, SREEMANDIRAM, MAVILA, AREEPLACHI P.O., PATHANAPURAM TALUK, KOLLAM DISTRICT-691 333. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15169/2011-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LAND TAX RECEIPT DT. 13/07/2010 ISSUED BY THE VILLAGE OFFICER, ANCHAL TO THE PETITIONER. EXT.P.2: COPY OF THE RECEIPT EVIDENCING PAYMENT OF FEE DT. 06/08/2010 ISSUED BY THE R.1. EXT.P.3: COPY OF THE RECEIPT EVIDENCING ACEPTANCE OF BUILDING PERMIT APPLICATION DT. 06/08/2010. EXT.P.4: COPY OF THE COMMUNICATION ISSUED BY THE R.2. TO THE PETITIONER DT. 24/08/2010. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY THE WIFE OF THE PETITIONER BEFORE THE RESPONDENTS NO 3 AND 4 DT. 04/06/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.15169 of 2011 ---------------------------------------- Dated 6th June, 2011 JUDGMENT The grievance of the petitioner highlighted in this writ petition is against the alleged action of illegal trespass into the property belonging to the petitioner and the attempt to cut open a motorable way through the same. The contention of the petitioner is that the respondents are illegally encroaching into his property having an extent of 19.43 ares of land comprised in Survey No.234/5 and 234/12 of Anchal Village. I am of the view that if the respondents are attempting to illegally trespass into the property and then attempting to cut open a motorable way the remedy of the petitioner lies before a competent Civil Court. The petitioner has to approach the competent Civil Court and establish that the respondents are illegally attempting to commit trespass. Evidently, ultra vires actions are not protected under section 249 of the Kerala Panchayat Raj Act,1994. Therefore, the petitioner can approach the competent Civil Court to establish that the respondents are committing or attempting to commit illegal trespass into the property for the purpose of cutting open a motorable way to obtain appropriate decree. At any rate, a writ petition will not lie in this matter. The writ petition is dismissed with the said observation. Sd/- C.T.RAVIKUMAR Judge TKS