IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 8054 of 2008(H) ------------------------- PETITIONER: ------------ MURALI, S/O.KARTHIKEYAN MURALI BHAVANAM, MAHADEVIKADU MURI KARTHIKAPPILY VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.C.AJITH SANKAR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE TAHSILDAR, KARTHIKAPPALLY. 3. THE VILLAGE OFFICER, KARTHIKAPPALLY. 4. THE THRIKKUNNAPPUZHA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY. 5. GANGADHARAN, SANTHI BHAVANAM EAST OF PULIKEEZHU MARKET, MAHADEVIKADU MURI KARTHIKAPPALLY VILLAGE, ALAPPUZHA DISTRICT. R1 TO R3 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.8054 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 10th March, 2008 JUDGMENT This Writ Petition has been filed by the petitioner seeking a direction to respondents 1 to 3 (the District Collector, Alappuzha, the Tahsildar, Karthikappally and the Village Officer, Karthikappally) to consider and take proper action on Ext.P3 expeditiously. The other prayers in the Writ Petition are that a direction to respondents 1 to 4 ( the Thrikunnappuzha Grama Panchayat is the 4th respondent) to demolish portion of a compound wall constructed by the 5th respondent encroaching into the puramboke land and to evict him from the encroached land be ensured. Going by the pleadings raised by the petitioner, the 5th respondent has encroached upon the road puramboke which is vested under the Panchayat Raj Act with the 4th respondent. The Government Pleader who has taken notice on behalf of respondents 1 to 3 submits that the proper authority to be moved by the petitioner in view of the petitioner's assertion that the property encroached upon by the 5th respondent belongs to the Panchayat, is the Panchayat itself. In find merit in the above submission of the learned Government Pleader. Under these circumstances, I dispose of the Writ Petition permitting the petitioner to file a representation W.P.C.No.8054/08 - 2 - voicing all the grievances which is seen voiced through Ext.P3 before the Secretary of the 4th respondent-Panchayat. If the Secretary of the Panchayat receives such a representation from the petitioner within one week of the petitioner receiving copy of this judgment, the 4th respondent will conduct necessary local inspection ( and even a measurement if warranted), issue notice to the 5th respondent, hear the petitioner and the 5th respondent and pass final orders on the representation. Needful as directed above shall be done by the Secretary of the Panchayat at the earliest and at any rate within one month of the petitioner filing representation. The 5th respondent and his alienees are informed that any alienation by the 5th respondent of the properties in question will be subject to the decision to be taken by the Secretary of the Panchayat pursuant to the above directions. srd PIUS C.KURIAKOSE, JUDGE