IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 9711 of 2009(H) ------------------------- PETITIONER(S): --------------- CHELLAYA.M., S/O.MAHALIMGAM, LOWER DIVISON, SURYANELLI KARA, UDUMBANCHOLA TALUK, IDUKKI DIST. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PAINAV, IDUKKI DIST. 2. THE TAHASILDAR, UDUMBANCHOLA TALUK, UDUMBANCHOLA. 3. THE VILLAGE OFFICER, CHINNAKKANAL VILLAGE, CHINNAKANAL, IDUKKI DIST. 4. THE SECRETARY, CHINNAKKANAL GRAMA PANCHAYATH, CHINNAKANAL, IDUKKI DIST. MR.SREEKRISHNA, SPL. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.9711 of 2009 --------------------------------- Dated, this the 7th day of April, 2009 J U D G M E N T The allegation on the basis on which the writ petition is filed is that the petitioner is in possession of 4 cents of land belonging to the Chinnakkanal Panchayat, the 4th respondent herein. It is stated that with the permission of the Panchayat, he constructed a compound wall. It is his case that though the Panchayat has still no objection about the compound wall that is constructed, the 3rd respondent is insisting that it should be demolished. 2. The case was adjourned for the learned Government Pleader to obtain instructions. Today, it is submitted by the learned Government Pleader that the compound wall has been constructed in Government puramboke land and that steps were initiated on the basis of the complaints from different quarters. It is also submitted before me that any further action in this matter will be taken only in terms of the provisions contained under the Kerala Land Conservancy Act after surveying and demarcating the property, and that notice will also be issued to the petitioner. WP(C) No.9711/2009 -2- 3. In my view, at least at this stage, it is not necessary for this Court to resolve the controversy as to whether the land in question is that of the Panchayat or Government. Now that the learned Government Pleader has submitted that steps, if any, will be taken only after notice to the petitioner, as the petitioner is thus ensured of an opportunity to raise his objections in this regard, it is only sufficient to record these submissions made and close this writ petition. The writ petition is closed, accordingly. (ANTONY DOMINIC, JUDGE) jg