IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 18047 of 2010(E) --------------------------------------- PETITIONER(S): ----------------------- 1. KUNJU, THIRUNJAKODE, THOTTINPALLA, AYALUR.P.O, PALAKKAD. 2. THATHA, W/O. KUNJU, THIRINJAKODE, THOTTINPALLA, AYALUR.P.O, PALAKKAD. 3. JAYAKRISHNAN, THIRINJAKODE, THOTTINPALLA, AYALUR.P.O, PALAKKAD. BY ADV. SRI.C.P.PEETHAMBARAN, SMT.MINI.V.A., SMT.S.SUJANA. RESPONDENT(S): -------------------------- 1. DISTRICT COLLECTOR, PALAKKAD. 2. DEPUTY COLLECTOR (GENERAL), PALAKKAD. 3. THE SECRETARY, AYALUR GRAMA PANCHAYATH, AYALUR, PALAKKAD. 4. BLOCK PROGRAMME OFFICER, NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (NREGS), BLOCK OFFICE, NENMARA, PALAKKAD. 5. TALUK SURVEYOR, CHITTUR TALUK, PALAKKAD DISTRICT. WP(C).No. 18047 of 2010(E) 6. ILLYAS, S/O. MUTHU RAWTHER, THIRUNJAKODE, THOTTINPALLA, AYALUR.P.O, PALAKKAD. 7. VASU, S/O. PONNAN, THIRUNJAKODE, THOTTINPALLA, AYALUR.P.O, PALAKKAD. R1, R2, R4 & R5 BY GOVT. PLEADER SMT.N. SUDHADEVI. R3 BY ADV. SRI.S.MOHAMMED AL RAFI. R6 & R7 BY ADV. SMT.RAJI T.BHASKAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18047 of 2010(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MINUTES OF COMMITTEE MEETING DATED 21/04/2010 OF 3RD RESPONDENT PANCHAYATH. EXT.P2: COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT. EXT.P3: COPY OF THE COMPLAINT FILED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 21/04/2010 FILED BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE RELEVANT PAGE OF THE P3 REPRESENTATION CONTAINING THE ORDER OF THE 2ND RESPONDENT. EXT.P6: COPY OF THE LETTER NO.A5.10/10 DATED 12/05/2010 ADDRESSED TO THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.18047 of 2010-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2010. JUDGMENT The petitioners are residents of Thirinjakode Schedueld Caste Colony. The third petitioner is the beneficiary of the panchayat road proceeding south from Thottinpalla junction of Ayalur Village, Chittur Taluk which connects the colony with the main road. It is pointed out that all the members of the colony are agricultural labourers. 2. As per the National Employment Guarantee Scheme, the Central Government granted a sum of Rs.3,50,000/- to build the side walls of the colony for preventing soil erosion. There is a pathway leading to north and respondents 6 and 7 are residing on the side of the pathway. The allegation raised by the petitioners is that because of the encroachment of the pathway by respondents 6 and 7, the work in question cannot be effectively completed, which require removal of encroachment by the Panchayat. Accordingly, they filed Ext.P2 complaint and the Panchayat has requested the Taluk Surveyor to conduct the measurement of the area, as per Ext.P6. Since the further action in the matter is not being completed, this writ petition is filed seeking for various reliefs. wpc 18047/2010 2 3. Heard learned counsel for the petitioners, learned Standing Counsel for the Panchayat, learned Govt. Pleader and learned counsel for respondents 6 and 7. It is submitted by the learned Standing Counsel for the Panchayat that the Panchayat has already requested the Taluk Surveyor as well as the Village Officer to identify the encroachment, if any, by measuring the width of the pathway based on the Village records, etc. It is submitted that they are yet to get a reply from the Taluk Surveyor. Learned counsel appearing for respondents 6 and 7 submitted that on their part there is no encroachment, which will be substantiated by production of records before the Panchayat at the time of hearing. 4. What remains to be done is the taking of measurement by the Taluk Surveyor with reference to the Village records, etc. Therefore, there will be a direction to the fifth respondent to take appropriate action as requested for by the Panchayat as per Ext.P6 and complete the same within a period of three months from the date of receipt of a copy of this judgment. Based on the report, plan and other details furnished by the Taluk Surveyor, the Panchayat will take appropriate action as enjoined by law. If any action is proposed against respondents 6 and 7, then the Panchayat will issue appropriate notices to them and respondents 6 and 7 will be granted sufficient opportunity to furnish objections in the matter and only after wpc 18047/2010 3 hearing them, further action, if any will be taken. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/