IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 32768 of 2008(A) PETITIONER(S): T.R.SUGUNAN, AGED 50 YEARS, S/O.RAGHAVAN, THACHAYATH HOUSE, MALAYATTOR P.O., ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.K.SUBRAMANIAN SMT.P.S.GEETHA KUMARY RESPONDENT(S): 1. MALAYATTOOR NEELESWARAM GRAMA PANCHAYATH ALUVA TALUK, ERNAKULAM DISTRICT. 2. THE SECRETARY, MALAYATTOOR NEELESWARAM GRAMA PANCHAYATH ALUVA TALUK, ERNAKULAM DISTRICT. 3. THE DEPUTY DIRECTOR OF PANCHAYATH, CIVIL STATION, KAKKANAD, ERNAKULAM. 4. THE TAHSILDAR, ALUVA. 5. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM. 6. PAILLI, AGED 60 YEARS, S/O.KOCHAPPU, MATTANTHOTIL HOUSE, MALAYATTOR P.O., ALUVA TALUK-ERNAKULAM DISTRICT. 7. XAVIER, AGED 35 YEARS, S/O.THOMAS, VEMPILLY HOUSE, MALAYATTOOR P.O., ALUVA TALUK, ERNAKULAM DISTRICT. ADV. SRI.K.SREESAKUMAR FOR R6-7 SRI.ABHILASH BHASKAR FOR R6-7 SRI.BINU JOHN FOR R6-7 SRI.C.M.AMEER ALI FOR R6-7 SRI.B.JAYASANKAR FOR R1& 2 GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ONTHE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 32768 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th March, 2009. J U D G M E N T The petitioner claims to be a resident of the 1st respondent- Panchayat. He is also a beneficiary of a road in the Panchayat. The petitioner is aggrieved by the alleged inaction on the part of the 1st respondent-Panchayat in taking appropriate action against respondents 6 and 7 against encroachment of that road. The petitioner has filed this writ petition alleging that in a suit filed by the 7th respondent as O.S.No. 344/2008 before the Munsiff's Court, Aluva against the Panchayat, the Panchayat remained ex parte and therefore an ex parte decree has been passed. The petitioner alleges collusion between the petitioner and the Panchayat in the matter. 2. A counter affidavit has been filed by the Panchayat, wherein it has been submitted that the present Secretary took charge only on 7-2-2009 and he was not aware of the pendency of the suit. He further submits that on coming to know about the pendency of the suit, he has already moved a petition before the Munsiff's Court to set aside the ex parte order setting the Panchayat ex parte in the matter. He also submits that the submission that the suit itself was decreed ex parte is not correct and the suit is being proceeded with. 3. I have heard all parties. Now that the Panchayat has already taken steps to contest the suit, I am of opinion that the petitioner can also move an application for impleading himself in the suit and pursue the matter in the suit itself. With that liberty, this writ petition is closed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.