IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 11438 of 2010(D) --------------------------------------- PETITIONERS: --------------------- 1. ANNAKKUTTY @ CHINNAMMA, AGED 71 YEARS, W/O.LATE VARKEY, KOLLIYIL HOUSE, PAINGOTTOOR KARA, KADAVOOR VILLAGE. 2. TOMY, AGED 35 YEARS, S/O.VARKEY, KOLLIYIL HOUSE, PAINGOTTOOR KARA, KADAVOOR VILLAGE BY ADVS. SRI.P.V.ELIAS, SRI.K.UNNI VARGHESE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001, REPRESENTED BY ITS SECRETARY. 2. THE TAHSILDAR, KOTHAMANGALAM. 3. VILLAGE OFFICER, KADAVUR VILLAGE, KADAVUR. 4. PAINGOTTUR GRAMA PANCHAYATH, KOTHAMANGALAM TALUK, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY GOVT. PLEADER SRI. K. RAMESH, R4 BY ADVS. SRI.MURALI PURUSHOTHAMAN, SRI.DEEPU LAL MOHAN, SRI.LEENA MURALI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11438/2010-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE TAX RECEIPT DTD. 04/07/2006 ISSUED BY THE VILLAGE OFFICER, KADAVOOR. EXT.P.2: COPY OF THE NOTICE DTD. 24/07/2009 ISSUED BY RESPONDENT GRAMA PANCHAYATH. EXT.P.3: COPY OF THE REPLY NOTICE DTD. 24/07/2009 ISSUED BY THE PETITIONERS TO THE R.4. GRAMA PANCHAYATH. EXT.P.4: COPY OF THE NOTICE DT.D 16/10/2009 ISSUED BY THE R.2. RESPONDENTS' EXHIBIT: EXT.R4.A: COPY OF THE SKETCH PREPARED AND SUBMITTED BY THE TALUK SURVEYOR, KOTHAMANGALAM. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 11438 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2010 J U D G M E N T The petitioners are the owners of a property in which they have made constructions. Exts.P2 & P2 (2) notices have been issued to the 2nd petitioner by the 4th respondent which are provisional orders issued under the Panchayat Raj Act for action against the buildings for unauthorized construction. Petitioners have filed this writ petition stating that, petitioners apprehend eviction from the property in question by the respondents 2 & 3. Petitioners have not produced any documents whatsoever to show that the respondents 2 & 3 have taken any steps in that regard. They have produced only Exts.P2 & P2 (2) orders which are only provisional orders to which the petitioners have already filed Ext.P3. Of course, the petitioners have produced Ext.P4 notice issued to the 2nd petitioner directing him to produce documents regarding the ownership of the W.P.(C)No. 11438 of 2010 -2- petitioners' property to decide whether the petitioners have encroached into Government land. That cannot be a reason to apprehend that the respondents 2 & 3 evict the petitioners without complying with the procedures prescribed under law. In the above circumstances, this writ petition is disposed of with a direction to the 4th respondent to pass final orders pursuant to Exts.P2 and P2 (2), expeditiously. S. SIRI JAGAN JUDGE shg/