IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 14573 of 2008(I) -------------------------------------- PETITIONER: ------------------- GEEVARGHESE GEORGE, S/O.GEEVARGHESE UNNUNNI, AGED 78, KOORANCHIRA PUTHENVEEDU, SAJI VILLA, MANGAMKUZHI P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SMT.R.RANJINI RESPONDENTS: ------------------------ 1. THE THAZHAKKARA GRAMA PANCHAYATH, THAZAKKARA, MAVELIKKARA, REP. BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE TAHSILDAR, TALUK OFFICE, MAVELIKKARA. 4. G.GEEVARGHESE, KOORANCHIRA PUTHENVEEDU, MANGAMKUUZHI P.O., PETTIYAR VILLAGE, THAZAKKARA, MAVELIKKARA. 5. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., DEPARTMENT OF LOCAL SELF GOVT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.K.SASIKUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14572/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ENROACHMENT AND REDUCTION OF WIDTH OF THE PANCHAYAT ROAD. EXT.P2:- COPY OF THE ROUGH SKETCH SHOWING THE LIE AND NATURE OF THE PROPERTY OF THE PETITIONER AND 4TH RESPONDENT. EXT.P3:- COPY OF THE APPLICATION DT. 20.8.07 SUBMITTED BY THE PETITIONER. EXT.P4:- COPY OF THE ORDER DT. 18.10.2007. EXT.P5:- COPY OF THE SKETCH SUBMITTED BY THE IST RESPONDENT. EXT.P6:- COPY OF THE ORDER DT. 22.11.2007. EXT.P7:- COPY OF THE ORDER DT. 16.1.2008 PASSED BY THE IST RESPONDENT. EXT.P8:- COPY OF THE JUDGMENT DT. 3.3.08 IN WP. NO.3961/08 & INTERIM ORDER IN WPC. 3961/08. EXT.P9:- COPY OF THE SKETCH CERTIFIED BY THE 3RD RESPONDENT. EXT.P10:- COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT. EXT.R4(a):- COPY OF THE OBJECTION DT. 18.4.2008 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT. EXT.R4(b):- COPY OF THE REVISION PETITION DT. 28.4.2008 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT. EXT.R4(c):- COPY OF THE APPLICATION DT. 14.6.2008 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT. EXT.R4(d):- COPY OF THE REPRESENTATION DT. 14.6.2008 SUBMITTED BY THE 4TH RESPONDENT TO the 3RD RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 14573 OF 2008 I = = = = = = = = = = = = = = = = = Dated this the 21st day of August 2008 J U D G M E N T The main prayer in this writ petition is for directing the 4th respondent to remove the encroachment by demolishing the compound wall constructed by him enclosing an area of 4 sq. mtrs. of Panchayat road situated in R.S. No. 575/19 of Vettiyar Village. 2. In so far as this prayer of the petitioner is concerned, it is seen that on an earlier occasion, in W.P.(C) No. 3961/08, while disposing of the said writ petition by Ext. P8 judgment, this Court issued a direction in the following terms: “Considering the grievance that the measurement in question was conducted without notice to the petitioner and in his absence, I dispose of this Writ Petition directing the fourth respondent to facilitate fresh measurement of the property by a competent surveyor with notice to the petitioner and the third respondent. Once such a measurement is conducted and the puramboke is identified, the fourth respondent will initiate appropriate action for abating the encroachment and evicting the petitioner from puramboke, if any, wrongfully possessed by him. This judgment will not stand in the way of the petitioner W.P.(C) No. 14573 OF 2008 -2- making application for assignment of the revenue puramboke land in accordance with the relevant law.” It is stated that in pursuance thereof a survey was conducted and the petitioner has produced Exts. P9 and P10. 3. It is seen that complaining of disobedience of the direction contained in the aforesaid judgment, Contempt Case No. 1017/08 was filed by the petitioner herein and that the said case was disposed of by judgment dated 7.8.2008. In that judgment, the submission of the Tahsildar that notice was given to the writ petitioner in Ext. P8 judgment to vacate the premises since he was found to be an encroacher of Panchayat puramboke land has been recorded. Further submission that the notice was not obeyed and therefore the Revenue Divisional Officer has been approached for enforcing the order of eviction is also recorded. In view of the above, there is no question of issuing any further direction as sought for by the petitioner. 4. The other prayers in this writ petition are against assigning the Panchayat land allegedly to be in the possession of the 4th respondent. In so far as this issue is concerned, it is seen that in Ext. P8 judgment, this Court has already directed that the aforesaid judgment will not stand in the way of the 4th respondent from W.P.(C) No. 14573 OF 2008 -3- making an application for assignment of the Revenue puramboke land in accordance with the relevant law. 5. According to 4th respondent despite the findings in the surveys referred to above, the land in question is a Revenue puramboke land and therefore he has made Ext. R4(c) application before the 3rd respondent for the assignment of the land in question. Though it is the contention of the petitioner that the land in question is a Panchayat land and therefore is not assignable, I think the apprehension of the petitioner that the possibility of assignment is a premature one. Now that the 4th respondent has made an application as above, it is for the authority concerned to consider the same, with notice necessarily to the Panchayat and take a decision thereon. If the relief now sought for is granted, this Court will be rendering the direction in Ext. P8 judgment ineffective and that cannot be done. 6. Therefore, leaving it open to the petitioner to pursue the matter, if any order adverse to him is passed on Ext. R4(c), I close this writ petition. ANTONY DOMINIC JUDGE jan/-