IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 21558 of 2004(N) --------------------------------------- PETITIONER: ------------------- ABDUL RASSACK, S/O.MOIDEENKUTTY, AGED 40 YEARS, THARAMAPARAMBIL HOUSE, PAKARA, (P.O) TANALUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. TANALUR GRAMA PANCHAYAT, REPRESENTED BY SECRETARY (SPECIAL GRADE), TANALUR (PO), MALAPPURAM DISTRICT. 3. NAYANAR SMARAKA GRANDHALAYAM, KERALADEESA PURAM REPRESENTED BY ITS SECRETARY, KERALADEESAPURAM (P.O), MALAPPURAM DISTRICT. 4. SRI.T.NARAYANAN MASTER, PRESIDENT, NAYANAR SMARAKA GRANDHALAYAM, KERALADEESA PURAM (P.O), TANALUR, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR, ADV. SRI.T.KRISHNAN UNNI, ADV. SRI.VINOD RAVINDRANATH, ADV. SRI.SAJU.S.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21558/2004-N: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE G.O. (MS).250/99/RD DTD. 07/07/99. EXT.P.2: COPY OF THE ORDER NO. B2-9094/96 DTD. 09/08/1999 IN FAVOUR OF THE R.3. EXT.P.3: COPY OF THE RELEVANT PAGE OF THE REGISTER OF ROADS OF THE R.2. EXT.P.4: COPY OF THE NEWS PAPER REPORT DTD. 09/07/2004 APPEARED IN MADHYAMAM DAILY. EXT.P.5: COPY OF THE NEWS PAPER REPORT DTD. 09/07/2004 APPEARED IN VARTHAMANAM DAILY. EXT.P.6: COPY OF THE PETITION DTD. 07/04/2004 TO THE R.2. RESPONDENT'S EXHIBITS: EXT.R2.A: COPY OF THE DECISION OF THE PANCHAYATH COMMITTEE DTD. 15/03/90. EXT.R2.B: COPY OF THE LIST OF ROADS AS PER DECISION OF THE MEETING DTD. 06/02/2001. EXT.R2.C: COPY OF THE COMMUNICATION ISSUED FROM THE PANCHAYATH TO TAHSILDAR, TIRUR DTD. 13/07/2004. ADVOCATE COMMISSIONERATE'S ANNEXURES: ANNEXURE A1: ORIGINAL OF THE NOTICE ISSUED TO THE COUNSEL REPRESENTING THE PARTIES. ANNEXURE A2: COPY OF THE SKETCH REGARDING THE AREA OF ROAD PURAMBOKE OCCUPIED BY RESPONDENTS 3 AND 4. //TRUE COPY// prv. KURIAN JOSEPH, J. ------------------------------------- W.P.(C). No.21558 OF 2004 -------------------------------------- Dated this the 28th day of March, 2008. J U D G M E N T The writ petition is filed with the following prayer: i) issue a writ of mandamus or any other writ order or direction directing the 2nd respondent to remove the encroachment by the 3rd and 4th respondents into public road namely Puthentheru - Railway Line Road and demolish the unauthorised construction made by the 3rd and 4th respondent, immediately. There will be a direction to the 2nd respondent Panchayat to take appropriate action with notice to the petitioner and respondents 3 and 4, in the light also of the report of the Advocate Commissioner, within a period of four months from the date of production of a copy of this judgment. It is made clear that while passing orders, the contention taken by the 3rd and 4th respondent to the effect that the road was not notified under Section 220(b) of the Kerala Panchayat Raj Act, 1994 will also be taken into consideration. It will also be open to the 3rd respondent to take all other contentions including the contention regarding the survey of the property. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. ps