IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 29962 of 2010(U) -------------------------- PETITIONER(S): --------------- K.F.NOUSHA,(GENERAL SECRETARY,PEOPLE'S MOVEMENT FOR HUMAN RIGHTS,REG.NO.18/2001) THUNDIYIL HOUSE, PAVUKKARA PO,MANNAR, ALAPPUZHA DISTRICT. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): --------------- 1. STATE OF KERALA ,REP.BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, STATE SECRETARIAT,THIRUVANANTHAPURAM,PIN-695 001. 2. THE MANNAR GRAMA PANCHAYATH, REP.BY ITS SECRETARY, MANNAR PO, ALAPPUZHA DISTRICT-689 622. 3. THE SUB INSPECTOR OF POLICE,MANNAR, ALAPPUZHA DISTRICT-689 622. 4. MADANA MOHAN G.PILLAI, CHOORKKAT HOUSE, MANNAR PO, ALAPPUZHA DISTRICT-689 622. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 29962 OF 2010(U) -------------------------------------------------- Dated this the 26th day of October, 2010 J U D G M E N T Petitioner has filed this writ petition contending that there is a new public road lying adjacent to the property of the petitioner. According to the petitioner the property through which the road was laid was handed over by the local residents to the Panchayat. It is their case that although a portion of the road has been encroached into by the 4th respondent, the Panchayat has not taken any action for evicting the encroachment. It is complaining of the above that this writ petition is filed. 2. By order dated 29.9.2010, this court called for a report from the Secretary, Taluk Legal Services Committee, Chengannur. In pursuance to the said direction the site in question was inspected and a report has been submitted under the cover of letter dated 12.10.2010. Report shows that in the absence of any authentic and valid documents submitted by both sides, Secretary of the Taluk Legal Services Committee is unable to confirm whether there is any encroachment as alleged by the petitioner. However, referring to WPC.No. 29962/2010 :2 : the letter dated 11.10.2010, submitted by the Secretary of the Panchayat before the Secretary, Taluk Legal Services Committee Chengannur, counsel for the petitioner contends that according to Panchayat there is an encroachment and that the Panchayat is bound to take action for evicting the same. 3. Even going by the case set up by the petitioner the road in question belongs to the Panchayat. Therefore, if as contended by the petitioner there is encroachment it is for the Panchayat to take action for evicting the same. Since the letter dated 11.10.2010 submitted by the Panchayat Secretary, prima facie, indicates that there is encroachment in the road in question, clarifying that it will be open to the Panchayat to take action in accordance with law, the writ petition is disposed of. Petitioner to produce a copy of the judgment before the Panchayat authorities who shall take appropriate action in the matter with notice to the petitioner. It is made clear that this court has not expressed anything on the merits of the case and it is entirely for the Panchayat to take appropriate action. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 29962/2010 :3 :