IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 15628 of 2011(C) ----------------------------------- PETITIONER: ------------------ PURUSHOTHAMAN NAIR, S/O. KRISHNAN NAIR, AGED 60 YEARS, RESIDING AT MAYA SADANAM, MARYKULAM KARA, AYYAPPANCOIL, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, IDUKKI-685 601. 3. THE DEPUTY DIRECTOR OF PANCHAYAT, IDUKKI-685 601. 4. THE EXECUTIVE ENGINEER, ROADS DIVISION, PAINAVU, IDUKKI-685 603. 5. THE AYYAPPANCOIL GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PIN-685 603. 6. BENNICHAN, S/O. JAMES, NADUVATHI HOUSE, MARYKULAM KARA, AYYAPPANCOIL, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT-685 603. ADV. SRI.T.A.UNNIKRISHNAN FOR R6 SRI.K.SATHEESH KUMAR FOR R6 GOVERNMENT PLEADER SRI S. ABDUL SALAM FOR R1 TO R4 SRI.C.S.MANILAL FOR R5 SRI.S.NIDHEESH FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.15628/2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE SKETCH OF THE LIE OF THE PROPERTY OF THE PETITIONER AND THAT OF THE 6TH RESPONDENT. EXT.P2 TRUE COPY OF THE REPRESENTATION SUMITTED BEFORE THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEORE THE 4TH RESPONDENT BY THE SON OF THE PETITIONER. EXT.P4 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 5TH RESPONDNT. EXT.P5 TRUE COPY OF THE REMINDER SENT BY THE PETITIONER. EXT.P6 TRUE COPY OF THE REPRESENTATION SENT TO THE 3RD REPONDENT. EXT.P7 TRUE COPY OF THE REPLY SENT BYTHE ASSISTANT ENGINEER. EXT.P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE SON OF THE PETITIONER UNDER RIGHT TO INFORMATION ACT BEFORE THE 5TH RESPONDENT. EXT.P9 TRUE COPY OF THE REPLY SENT BY THE 5TH RESPONDENT. RESPONDNTS' EXTS: EXT.R5A TRUE COPY O THE ASSET REGISTER. EXT.R5B TRUE COPY OF THE DECISION OF THE PANCHAYAT DTD. 25/3/2011. EXT.R5C TRUE COPY OF THE LETTER OF THE PANCHAYAT TO THE VILLGE OFFICER DTD. 28/3/2011. EXT.R5D TRUE COPY OF THE LETTER DTD.2/5/2011 EXT.R5E TRUE COPY OF THE DECISION OF THEL PANCHAYAT DTE. 30/4/2011 EXT.R5F TRUE COPY OF THE REQUEST OF THE PANCHAYAT TO THE TAHSILDAR DTD. 2/5/2011. EXT.R5G TRUE COPY OF THE LETTER DTD. 31/5/2011. EXT.R5H TRUE COPY OF THE REMINDER LETTER DT. 30/5/2011. EXT.R5I TRUE COPY OF THE REMINDER LLETTER DTD. 20/6/2011. EXT.R5J TRUE COPY OF THE REMINDER LETTER DTD. 29/7/2011. EXT.R6A TRUE COPY OF THE TAX RECEIPT DTD. 18/4/2011. TRUE COPY kcv. P.S. TO JUDGE HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.15628 OF 2011 ------------------------------- DATED THIS THE 20TH DAY OF SEPTEMBER, 2011 JUDGMENT This writ petition is filed seeking a direction compelling respondents 2 to 5 to take action against the encroachment on the Marykulam-Thonithadi Panchayat road and the PWD puramboke by the 6th respondent and other encroachers and also for a direction compelling respondents 2 to 5 to consider and dispose of Exts.P2 to P4 and P6. 2. The grievance of the petitioner is that though the petitioner and other people of the locality approached respondents 2 to 5 and requested them to take steps to evict the encroachers from the Panchayat road and PWD puramboke, respondents 2 to 5 have not taken any action on the representation so far. It is averred in the writ petition that because of the encroachment of road portion by the 6th respondent the petitioner and other inhabitants of the locality are not in a position to reach the -2- W.P.(C).No.15628/2011 Kattappana-Kuttikanam PWD road. The learned counsel for the petitioner submits that Ext.P2 representation is pending before the 2nd respondent-District Collector. 3. In the facts and circumstances of the case, this Court direct the 2nd respondent to consider Ext.P2 representation and pass appropriate orders thereon, after affording an opportunity of being heard to the petitioner, the 6th respondent and other affected parties, if any, within a period of one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.