IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 19299 of 2011(J) ------------------------------------ PETITIONER(S): ------------------------ THOMAS MATHEW, AGED 80 YEARS, S/OTHOMAS, MUTHUPLACKAL HOUSE, MUTHUVANKUDY KARA, KUNCHITHANNY VILLAGE, VELLATHOOVAL GRAMA PANCHAYAT, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.PADAYATTEE YELDO RESPONDENT(S): -------------------------- THE VELLATHOOVAL GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, VELLATHOOVAL, DEVIKULAM TALUK, IDUKKI DISTRICT. R1 BY ADVS. SRI.K.I.ABDUL RASHEED SRI.GEORGEKUTTY MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 19299/2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF PATTA DATED 02.06.1976 EXT.P2: TRUE COPY OF TAX RECEIPT DATED 5.2.2011 EXT.P3: TRUE COPY OF SY.SKETCH DATED NIL. EXT.P4: TRUE COPY OF ORDER OF MUNSIFF ON 21.2.11 EXT.P5: TRUE COPY OF C.R. DATED 24.03.2011 EXT.P6: TRUE COPY OF JUDGMENT DATED 08.04.2011 EXT.P7: TRUE COPY OF ORDER DATED 01.06.2011 EXT.P8: TRUE COPY OF REPLY NOTICE DATED 30.06.2011 EXT.P9: TRUE COPY OF NOTICE DATED 12.07.2011 //TRUE COPY// P.A.TO JUDGE HARUN-UL-RASHID, J. ------------------------------- W.P.(C).No.19299 Of 2011 -------------------------------- Dated this the 17th day of August, 2011. JUDGMENT The writ petition is filed seeking to quash Ext.P7 order and to declare that all actions initiated by respondent as per Ext.P7 order is ultravires act and never protected under the Kerala Panchayat Raj Act or allied Rules made thereunder. 2. When the matter was taken up for consideration today, the learned counsel for the Panchayath submits that there are some mistakes in the facts stated in Ext.P7 notice and, therefore, they proposed to initiate fresh action for removal of the encroachment. If there is encroachment by reducing the width of the pathway, the Panchayath is free to initiate action for evicting the encroachment. Before passing an order of eviction the respondent Panchayath after measurement shall proceed W.P.(C).No.19299 Of 2011 2 to evict only such portion of the land unauthorisedly occupied by the petitioner, if any. In the above said facts and circumstances, Ext.P7 notice is quashed. The writ petition is disposed of with liberty to the Panchayath to initiate fresh proceedings if so advised. HARUN-UL-RASHID, Judge. mns/-