IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 3275 of 2008(M) -------------------------------- PETITIONER: --------------- SABU VARGHESE, AGED 35 YEARS, S/O.VARGHESE, KUNNATHU KALAPURAYIL HOUSE, NECHOOR, MANEED. BY ADV. SRI.A.T.ANILKUMAR RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR, MUVATTUPUZHA TALUK. 3. THE VILLAGE OFFICER, MANEED VILLAGE, MUVATTUPUZHA TALUK. 4. THE SECRETARY, MANEED GRAMA PANCHAYATH. 5. C.I. OF POLICE, PIRAVOM. 6. S.I. OF POLICE, PIRAVOM. 7. KUNJAPPAN, AGED 38 YRS., S/O.PALAN, MATTATHIL HOUSE, NECHOOR, MANEED. BY ADV. GOVT.PLEADER SRI.M.R.SABU SRI.JOHN K.GEORGE FOR R4 SRI.P.K.MUHAMMED FOR R5 SRI.K.S.ARUN KUMAR SRI.BIJU ABRAHAM FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3275/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE petitioner TO THE 2ND RESPONDENT. EXT.P2: THE TRUE COPY OF the SAID COMPLAINT. EXT.P3: THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 4TH RESPONDENT. EXT.P4: THE TRUE COPY OF the COMPLAINT SUBMITTED BEFORE THE 5TH AND 6TH RESPONDENTS. EXT.P5: THE RECEIPT ISSUED BY THE 6TH RESPONDENT. EXT.P6: THE TRUE COPY OF THE PHOTOGRAPH ILLEGAL CONSTRUCTION OF THE HOUSE IN THE CHIRA PURAMBOKE BY THE RESPONDENT NO.7. EXHIBITS OF R7 EXT.R7(1): A TRUE COPY OF THE LAND TAX RECEIPT DT.28.4.2007 OF VILLAGE OFFICE, MANEED. EXT.R7(2): A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE GRAMA PANCHAYATH DATED 25.10.07. EXT.R7(3): A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MANEED DT.14.9.07. EXT.R7(4): A TRUE COPY OF THE ENDORSEMENT MADE BY THE SCHEDULE CASTE DEVELOPMENT AUTHORITY IN THE RATION CARD. EXT.R7(5): A TRUE COPY OF THE ORDER DT.16.9.04 IN IA 489/04 AND IA 645/04 IN OS 39/04 ON THE FILES OF SUB COURT, MUVATTUPUZHA. EXT.R7(6): A TRUE COPY OF THE ORDER IN RP NO.952/06 IN WPC NO.17171/06 DT.2.1.2007. WPC NO.3275/08 -2- EXT.R7(7): A TRUE COPY OF THE JUDGMENT IN OS 39/04 DT.2.11.2007 ON THE FILES OF SUB COURT, MUVATTUPUZHA. EXT.R7(8): A TRUE COPY OF the COMPLAINT DATED 19.12.2007 SUBMITTED TO THE DY.SUPREND. OF POLICE. EXT.R7(9): A TRUE COPY OF THE RECEIPT OF COMPLAINT DT.19.12.07 ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =================== W.P.(C) NO.3275 OF 2008 M =========================== Dated this the 8 th day of February, 2008 J U D G M E N T The prayer sought in this writ petition is for directing the respondents 1 to 6 to take action against the 7th respondent on the allegation that he has committed illegal encroachment into the puramboke land. Petitioner submits that he has submitted Exts. P1 to P3 complaints before respondents 1 to 3 and that they should be called upon to take action on the complaints filed by him. It is also the contention that the 7th respondent has undertaken construction even ignoring stop memos that were issued by the authorities prohibiting him from continuing the construction. Based on these allegations, relief is sought for by the petitioner. 2. The 7th respondent has filed a counter affidavit. In the counter affidavit filed by him, it is stated that he is the owner of 9.66 cents of land purchased by him. It is submitted that he is paying tax WPC No.3275/08 :2 : in respect of the properties. According to him, he had obtained a building permit for construction of a house for which he has also availed of loans. It is stated that while he was about to commence construction, petitioner's mother had instituted OS No.39/04 before the Sub Court, Muvattupuzha, after blocking the road to the 7th respondent's house. It is stated that, initially, though she had obtained injunction against the 7th respondent, that was later vacated and she was injuncted from causing obstruction to the road leading to the 7th respondent's premises. It is stated that though the interim order passed by the Sub Court was challenged in appeal and revision, she was unsuccessful. Finally the suit was withdrawn and was accordingly dismissed some time in November, 2007. It is submitted that thereafter also obstruction was caused and he had filed complaint against the petitioner to the Superintendent of Police. According to the 7th respondent, it is purely on account of the vengeance against him that the petitioner has now approached this court making allegation that he has committed encroachment into the puramboke land. WPC No.3275/08 :3 : 3. The 7th respondent also submits that stop memos were only to the effect that he should not undertake any construction in the puramboke land and that he is constructing in his own land and the stop memos does not come in his way of continuing the construction. It is further contended that the authorities had verified the area where he is constructing and were satisfied that he has not encroached into the puramboke land. On these pleadings, 7th respondent seeks dismissal of the writ petition. 4. Having heard the submission on either side, I am not satisfied that the petitioner has made out a case for interference by this court. As there was litigation between the parties, I am inclined to think that the motive behind this litigation was the unsuccessful Civil Suit that was filed by the petitioner's mother. If as stated by the petitioner, the 7th respondent has trespassed into the puramboke land, I have no reason to think that respondents 1 to 6 would remain silent spectators to any such encroachment. However, that does not mean that any order at the instance of the petitioners is necessary for WPC No.3275/08 :4 : alerting the authorities. Similarly, if as a matter of fact stop memos have been violated by the 7th respondent, that also is a matter for the authorities concerned to take action. But then, the petitioner cannot ask for any order in this writ petition as I have already come to the conclusion that it is an ill-motivated litigation. Writ petition fails and is dismissed. ANTONY DOMINIC,JUDGE. Rp