IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 13557 of 2007(L) -------------------------------------- PETITIONER(S): ---------------------- VALLAPUZHA GRAMA PANCHAYATH, VALLAPUZHA, OTTAPPALAM TALUK, PALAKKAD DISTRICT, REP. BY ITS SECRETARY. BY ADV. MR.JACOB SEBASTIAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY TO GOVT., DEPT. OF REVENUE, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE TAHASILDAR, OTTAPPALAM. 3. THE ADDL.TALUK SURVEYOR, PATTAMBI. 4. THE VILLAGE OFFICER, VALLAPUZHA VILLAGE, VALLAPUZHA, PALAKKAD DISTRICT. 5. SREEDEVI AMMA, W/O. NARAYANAN, KARANKANDATH VEEDU, VALLAPUZHA, PALAKKAD DISTRICT. 6. MOHAMMED @ MUKTAN, S/O.ABDULLA HAJI, PALAKKURISSI VEEDU, VALLAPUZHA, PALAKKAD DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER MR.V. TEKCHAND R6 BY ADV. MR.BABU S. NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 13557/2007-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RESOLUTION NO.6 DATED 28/02/2007 OF THE PETITIONER PANCHAYATH. EXT.P2: COPY OF THE REPORT OF THE FOURTH RESPONDENT. EXT.P3: COPY OF THE LETTER DATED 26/03/2007 OF THE ADDL. TAHASILDAR , OTTAPPALAM. EXT.P4: COPY OF THE LETTER DATED 02/04/2007 OF THE PRESIDENT OF THE PETITIONER PANCHAYATH. EXT.P5: COPY OF THE REPRESENTATION DATED 10/04/2007 OF THE PANCHAYATH TO THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ P.R. RAMACHANDRA MENON,J. ........................................................................ W.P.(C) No. 13557 OF 2007 ......................................................................... Dated this the 7th April, 2009 J U D G M E N T The Writ Petition is filed for a direction to the first respondent to measure the properties described in Ext.P5 with the aid of the third respondent and to prepare a report within a specified time limit. 2. The grievance of the petitioner appears to be that the 5th and 6th respondents, according to the petitioner-Grama Panchayat, are yielding very high influence over the departmental authorities and the Government and that they are thwarting the steps being taken by the Panchayat to evict the encroachment effected by such respondents, which made the petitioner to approach this Court with this Writ Petition. 3. When the above matter came up for consideration before this Court on 20.04.2007, notice was ordered by Speed Post and an interim order was granted directing the respondents No.2 and 3 to measure the property mentioned in Ext.P5 and to find out whether there was any encroachment by anybody, after notice to the petitioner and respondents 5 and 6, within three weeks from the date of receipt W.P.(C) No. 13557 OF 2007 2 of copy of the said order. 3. Despite service of notice, no counter affidavit has been filed by any of the respondents including the respondents No.5 and 6. In other words, the averments raised by the petitioner in the Writ Petition stand rather unrebutted. As such, the petitioner is entitled to have the reliefs prayed for, by making the interim order absolute, which hence is ordered accordingly. The petitioner will be entitled to get the fruits of such measurement enforced by approaching the concerned authorities/respondents and on such an event, the matter will be considered and finalised by the concerned respondent taking all consequential steps in accordance with law, as expeditiously as possible. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk