IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 3928 of 2009(S) ------------------------- PETITIONER(S): --------------- K.F.NOUSHAD,GENERAL SECRETARY PEOPLE'S MOVEMENT FOR HUMAN RIGHTS, (REG.NO. A/S/2001) PAVUKKARA P.O.,MANNAR, ALAPPUZHA DISTRICT. BY ADV. SRI.J.DEVADANAM SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, STATE SECRETARAIT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER CHENGANNUR, ALAPPUZHA DISTRICT. 3. THE SECRETARY MANNAR GRAMA PANCHAYAT, ALAPPUZHA DISTRICT. 4. BHASKARAN NAIR PALAPPALLIL HOUSE, ERAMATHOOR PO MANNAR. ALAPPUZHA DISTRICT. 5. ABDUL LATHEEF, KARANCHARIL HOUSE, ERAMATHOOR PO, MANNAR ALAPPUZHA DISTRICT. 6. ASMA BEEVI, W/O. ABDUL LATHEEF KARANCHARIL HOUSE, ERAMATHOOR PO, MANNAR ALAPPUZHA DISTRICT. 7. NOUSHAD, KANNIMOL THARAYIL HOUSE ERAMATHOOR PO, MANNAR ALAPPUZHA DISTRICT. 8. SHIHABUDEEN, KOECHORIL PARAMBIL ERAMATHOOR PO, MANNAR ALAPPUZHA DISTRICT. 9. SAIFUNNISA, W/O. SHIHABUDEEN KOECHORIL PARAMBIL ERAMATHOOR PO, MANNAR ALAPPUZHA DISTRICT. ADV. SRI.S.MOHANAN FOR R5 & 6 SMT.VINEETHA B. FOR R3 SRI.M.R.HARIRAJ FOR R3 SRI.P.A.KUMARAN FOR R3 SRI.SURAJ.S FOR R3 SRI.MANUEL KACHIRAMATTAM FOR R4 SRI.MERRY GEORGE FOR R4 GOVT.PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.3928/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF CERTIFICATE OF REGISTRATION OF THE PEOPLE'S MOVEMENT FOR HUMAN RIGHTS. EXT.P2. TRUE COPY OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 AND 3. RESPONDENTS' EXHIBITS: EXT.R3(A): TRUE COPY OF THE LETTER NO.A2 33/08 DATED 6-5-2009 ISSUED BY THE 3RD RESPONDENT TO THE TALUK SURVEYOR. / TRUE COPY / P.S.TO JUDGE. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.P(C).No.3928 of 2009 -------------------------------------------------- Dated this the 13th day of July, 2009 JUDGMENT Kurian Joseph,J. This writ petition is filed praying for a direction to respondents 2 and 3 to take appropriate action to prevent encroachment. It is seen from the counter affidavit filed on behalf of the 3rd respondent that steps have already been taken to survey and demarcate the alleged encroachment. The notice in that regard is produced and marked as Ext.R3(A). There will be a direction to the second respondent to expedite the steps for survey and demarcation of the alleged encroachment. This shall be completed within a period of six months from today. Depending on the survey thus conducted, respondents 2 and 3 will take further steps, if required, in accordance with law with notice also to the affected parties, within another three months. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.P(C).No.3928 of 2009 ---------------------------- JUDGMENT 13th July, 2009