IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 35713 of 2010(L) ---------------------------------- PETITIONER(S): ------------------- 1. VIMALA SUNDARANM W/O. SUNDARAM, AGED 55 YEARS, PUTHUVASSERRY, OCHAMTHURUTH, PUTHUVYPPE VILLAGE, ELAMKUNNAPPUZHA. 2. RAJAPPAN, S/O. APPU, VELLAMPURA KUZHI, OCHAMTHURUTHU,PUTHUVYPPE VILLAGE, ELAMKUNNAPPUZHA. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): -------------------- 1. THE ELAMKUNNAPPUZHA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, ELAMKUNNAPPUZHA, ERNAKULAM DISTRICT - 682 503. 2. THE SECRETARY, ELAMKUNNAPPUZHA GRAMA PANCHAYAT,ELAMKUNNAPPUZHA, ERNAKULAM DISTRICT - 682 503. 3. MRS. SHEELA BABU,,W/O. BABU.P.K., PUTHENVEETTIL, OCHAMTHURUTH.P.O., KOCHI - 682 510. R1 & R2 BY ADV. SRI.S.SHARAVANAS KHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 35713 OF 2010 -------------------------- Dated this the 30th day of November, 2010 J U D G M E N T The petitioners are residents of Elamkunnappuzha Grama Panchayat. By Exts.P1 and P2 notices dated 9.11.2010, the Secretary of Elamkunnappuzha Grama Panchayat called upon the petitioners to show cause why they should not be evicted from the rod poramboke in their possession. The petitioners thereupon submitted Exts.P3 and P4 objections. This writ petition is filed seeking a direction to respondents 1 and 2 to strictly comply with rule 5 of the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorised Occupation) Rules, 1996 (hereinafter referred to as 'the rules' for short) before taking action pursuant to Exts.P1 and P2 notices. The petitioners have also prayed for a direction to respondents 1 and 2 to consider the objections raised by them in Exts.P3 and P4 and to hear them before proceeding further in Exts.P1 and P2 notices. 2. When the writ petition came up for hearing today, Sri. S.Shanavas Khan, the learned standing counsel appearing for respondents 1 and 2 submitted that Exts.P1 and P2 notices were WPC No.35713/2010 2 issued pursuant to Ext.P6 judgment of this Court, that the objections raised by the petitioners in Exts.P3 and P4 were considered and that as the objections were not found to be tenable, the committee of the Panchayat has decided to proceed under rule 5(2) of the rules. The learned standing counsel submitted that further proceedings pursuant to Exts.P1 and P2 notices will be taken only in accordance with the aforesaid rules. In the light of the said submission, the apprehension entertained by the petitioners, according to me, is not well founded. I accordingly dispose of this writ petition recording the undertaking given by respondents 1 and 2 that further proceedings pursuant to Ext.P1 and P2 notices will be taken only in accordance with the stipulations in rule 5 of the rules. P.N.RAVINDRAN, (JUDGE) vps WPC No.35713/2010 3 WPC No.35713/2010 4