IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 30070 of 2005(D) -------------------------- PETITIONER: ------------ S.P.JOSE, S/O.S.PONNAYYAN, HOUSE SADAN, INCHIVILA, PARASSALA, TRIVANDRUM. BY ADV. SRI.B.KRISHNA MANI SRI.N.MAHESH RESPONDENTS: ------------- 1. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 2. THE VILLAGE OFFICER, PARASSALA, VILLAGE OFFICE, PARASSALA, THIRUVANANTHAPURAM 695 502. 3. PARASSALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYATH, PARASSALA, THIRUVANANTHAPURAM 695 502. 4. HEAD MISTRESS, GOVERNMENT L.P.S. INCHIVILA, INCHIVILA, PARASSALA, THIRUVANANTHAPURAM 695 502. R1-R2 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR R3 BY ADV. SRI.M.SREEKUMAR SRI.K.B.SHIBU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 30070/05 JUDGMENT TODAY ALSO THERE IS NO REPRESENTATION FOR THE PETITIONER. THE WRIT PETITION WILL STAND DISMISSED FOR DEFAULT. 27.2.2008 SD/- PIUS C.KURIAKOSE, JUDGE. SRD (TRUE COPY) P.A.TO JUDGE. S. SIRI JAGAN, J ---------------------- W.P.(C.) No.30070 of 2005 --------------------------------- Dated this the 24th day of March 2010 J U D G M E N T The petitioner is the owner of 11.80 Ares of property in Parasala village, to which property there is a 3 meter pathway leading from Parasala-Inchivila road. Adjacent to the petitioner's pathway there is a land belonging to the Inchivila Govt. Lower Primary School. A part of that land was taken on lease by 5th respondent from the school. According to the petitioner, the 5th respondent has encroached the pathway leading to the petitioner's property. Complaining about the same, the petitioner has filed Ext.P4 petition before the 1st respondent. The petitioner seeks a direction to the 1st respondent to remove the encroachment made by the 5th respondent into the pathway belonging to the petitioner. The petitioner also seeks a direction to the 1st respondent to pass orders on Ext.P4. 2. I have heard all parties. W.P.(C) No.30070 of 2005 -2- 3. Ext.P4 was filed as early as on 13.10.2005. The reports from the Village Officer are on record which have been submitted before the R.D.O, pursuant to the direction of the R.D.O to enquire and report. But admittedly, no final orders have been passed on Ext.P4 by the 1st respondent. As far as the question raised regarding encroachment into land is concerned this Court, without taking evidence, cannot decide that question, in this writ petition. Now that the petitioner has invoked the jurisdiction of the 1st respondent in the matter, it is only appropriate that the 1st respondent takes proceedings pursuant to Ext.P4 to its logical conclusion within a time limit. Accordingly I dispose of this writ petition with a direction to the 1st respondent to pass final orders pursuant to Ext.P4 after affording an opportunity of being heard to the petitioner as well as respondents 4 and 5 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Jvt