IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 33950 of 2008(N) -------------------------- PETITIONER(S): --------------- LAILA, R/AT.EDAKKATTIL HOUSE 8TH WARD, ATOOR PO., MULLOORKARA, THRISSUR. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. MULLORKARA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MULLORKARA PO., MULLORKARA, THRISSUR. 2. SECRETARY,MULLORKARA GRAMA PANCHAYATH MULLORKARA PO., MULLORKARA, THRISSUR 3. T.ALI, THOTTINGAL HOUSE, PO.ATTOOR, MULLOORKARA, THRISSUR. ADV. SRI.V.R.KESAVA KAIMAL FOR R3 SRI.G.SREEKUMAR (CHELUR) FOR R1 SMT.PREETHY KARUNAKARAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO. 33950/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF PHOTOGRAPH OF THE RESIDENTIAL BUILDING WHEREIN THE PETITIONER AND HER FAMILY IS RESIDING. EXT.P2: COPY OF THE JUDGMENT DATED 28/11/2006 IN WPC NO.20983/2006 PASSED BY THIS COURT. EXT.P3: COPY OF THE ORDER DATED 22/2/2007 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE JUDGMENT DATED 7/6/2007 IN WPC NO.11135/2007 PASSED BY THIS COURT. EXT.P5: COPY OF THE ORDER DATED 30/6/2007 ISUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P6: COPY OF THE JUDGMENT DATED 24/10/2007 IN WPC NO. 21650/2007 PASSED BY THIS COURT. EXT.P7: COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPNODENT. EXT.P8: COPY OF THE ORDER DATED 18/2/2008 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P9: COPY OF THE ORDER DATED 30/7/2008 PASSED BY THE TRIBUNAL. EXT.P10: COPY OF THE NOTICE AFFIXED ON THE DOOR OF THE PETITIONER'S BUILDING BY THE 1ST RESPONDENT. EXT.P11: COPY OF THE ELECTION IDENTITY CARD ISSUED IN FAVOUR OF THE PETITIONER. EXT.12: COPY OF THE RATION CARD ISSUED IN FAVOUR OF THE PETITIONER. RESPONDENTS; EXHIBITS: EXT.R3(A): COPY OF THE DOCUMENT DATED 2/6/2007 PRODUCED BY THE PANCHAYAT IN EXT.P6 PROCEEDINGS. EXT.R3(b): COPY OF THE AFFIDAVIT AND PETITION I I.A. NO.344/2008 DATED 19/6/2008 IN C.C.C. NO.876/2008. EXT.R3(C): COPY OF THE AFFIDAVIT DATED 14/11/2008 FILED BY THE PANCHAYAT IN CONTEMPT PROCEEDINGS. PIUS.C.KURIAKOSE, J. ------------------------ W.P.(C)No.33950 of 2008 ------------------------ Dated this the 3rd day of April, 2009 JUDGMENT Heard Sri.T.Rajasekharan Nair, learned counsel for the petitioner, Sri.D.Sreekumar, learned standing counsel for the Panchayat and Sri.V.R.K.Kaimal, learned counsel for the 3rd respondent in the writ petitioner. 2. Perused the records. Having considered the submissions and having gone through the records, I am of the view that this writ petition can be disposed of issuing the following directions; i). The first respondent is directed to issue fresh notice to the writ petitioner in her address shown in the writ petition within seven days from today under Rule 5 of the Kerala Panchayat Raj(Removal of Encroachment and Imposition And Recovery of Penalty For Unauthorised Occupation) Rules 1996. If the petitioner is not receiving the notice, she shall go to the office of the Panchayat and collect her copy of the notice. The petitioner, at any rate, shall file objections, if any, to the said notice within two weeks from today. ii). The Panchayat shall, whether or not the writ petitioner submits reply to the said notice, issue a hearing notice to the petitioner immediately and finalise the proceedings for evicting the petitioner from her building, which is subject matter of this writ petition and admittedly put up by her on puramboke land vested in the Panchayat. Iiii). Needful for completing the proceedings for eviction pursuant to Rule 5 notice shall be done by the Panchayat at any rate within two months from today. The writ petition is disposed of as above. PIUS.C.KURIAKOSE,JUDGE dpk