IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 28181 of 2008(E) PETITIONER(S): ------------------------- 1. RAJU VARGHESE, AGED 57, S/O VARGHESE, KUTTIYIL HOUSE, VALLAMKULAM, THIRUVALLA. 2. OMANA RADHAKRISHNAN, CUNKATHIL HOUE, VALLAMKULAM, THIRUVALLA. 3. MEENAKSHIYAMMA, MELEMURIYIL HOUSE, VALLAMKULAM, TIRUVALLA. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): --------------------------- 1. SUB COLLECTOR, REVENUE DIVISIONAL OFFICE, THIRUVALLA. 2. TAHSILDAR, TALUK OFFICE, THIRUVALLA. 3. ADDITIONAL TAHSILDAR, TALUK OFFICE, THIRUVALLA. 4. VILLAGE OFFICER, VILLAGE OFFICE, ERAVIPEROOR. WP(C).No. 28181 of 2008 :: 2 :: 5. PRASANNAKUMAR, PRANAVAM, VALLAMKULAM P.O., THIRUVALLA. R1 TO R4 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.28181 of 2008 ------------------------- Dated this the 15th day of October, 2008. JUDGMENT The petitioners complain of delay in the action to be taken by respondents 1 to 4 in the matter of evicting an encroachment of a public pathway. According to them, the pathway proceeded from Variankattil padi - Mandiram Panchayath road towards the petitioners' property in Thiruvalla Taluk in Pathanamthitta District. The pathway has a width of 2.9 meters. 2. The allegation is that the 5th respondent has encroached upon the pathway and the width of the pathway has been reduced. Ext.P1 representation is filed before the 1st respondent. Though it was later forwarded for enquiry, no action was taken. 3. Learned Government Pleader, on instructions, submits that proceedings under the Land Conservancy Act has been initiated against the 5th respondent. The submission is recorded. W.P.(C).NO.28181/08 :: 2 :: In the circumstances, the said proceedings initiated may be completed, in accordance with law by the competent authority, after hearing the 5th respondent also, within a period of four months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge