IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 11718 of 2009(H) --------------------------------------- PETITIONER: ------------------- ABHILASH C.A., S/O.THE LATE C.R.ASAD, AGED 35 YEARS, CHAKKALAYIL HOUSE, SOUTH EROOR P.O. TRIPUNITHURA, ERNAKULAM PIN - 682 306. BY ADV. MR.C.S.MANU. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM. 3. REVENUE DIVISIONAL OFFICER, FORT COCHIN, ERNAKULAM. 4. TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 5. C.R.ENGELS, S/O.THE LATE K.K.RAGHAVAN, CHAKKALAYIL HOUSE, KATTUNGAL, PACHALAM, ERNAKULAM. 6. C.R.BHADRAN, S/O.THE LATE RAGHAVAN, CHAKKALAYIL HOUSE, KATTUNGAL, PACHALAM, ERNAKULAM. 7. C.R.SANAKAN, S/O.THE LATE RAGHAVAN, CHAKKALAYIL HOUSE, KATTUNGAL, PACHALAM, ERNAKULAM. R1 TO R4 BY GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V.GIRI,J. ------------------------- W.P ( C) No.11718 of 2009 -------------------------- Dated this the 15th June,2009 J U D G M E N T Petitioner, his mother and brother are the owners of land having an extent of 5.2 cents derived by them as successors in interest of one C.R Asad. They are aggrieved by what they term as encroachment on the public road effected by the contesting respondents 5 to 7 and according to them such encroachment is liable to be removed by the competent authority under the Land Conservancy Act. They have moved the Tahasildar under Section 11 (1) and 11(3) of the Kerala Land Conservancy Act, 1957 as per Exhibit P4 and the applications has not been considered. 2. If the public road is encroached upon, action should be taken by the competent authority after notice to the encroacher as well. 3. I heard learned Government Pleader also. W.P ( C) No.11718 of 2009 2 4. Accordingly, the writ petition is disposed of directing the 4th respondent to consider Exhibit-P4 and if the allegations are found to be correct then appropriate action shall be taken to remove the encroachment after notice to the encroachers including respondents 5 to 7. Needful shall be done within two months from the date of receipt of a copy of this judgment. (V.GIRI,JUDGE) ma W.P ( C) No.11718 of 2009 3 W.P ( C) No.11718 of 2009 4