IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 10039 of 2006(T) -------------------------------------- PETITIONERS: -------------------- 1. VARKEY JOSEPH @ OUSEPPACHAN, PAVAKKAL HOUSE, KURIANAD P.O., KURIANAD KARA, MONIPPALLY VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 2. GEORGE JOSEPH, S/O.JOSEPH, DO. DO. BY ADV. DR.P.S.KRISHNA PILLAI SRI.H.VINOD RESPONDENTS: ---------------------- 1. THE REVENUE DIVISIONAL OFFICER, PALAI. 2. THE VILLAGE OFFICER, MONIPPALLY VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 3. MARANGATTUPALLY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. 4. RAJAPPAN KUMARAN, KOLATHAMKUNNEL HOUSE, KURIANAD KARA, KURIANAD P.O., MONIPPALLY VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 5. P.V.JOSEPH, PARIYATHU HOUSE, DO. 6. SAJAN, S/O.KURIAN, PARIYATHU HOUSE ALSO CALLED KOCHUPURACKAL HOUSE, DO. DO. 7. JAIMON JOSEPH, PARIYATHU PUTHENPURAYIL HOUSE, DO. DO. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 10039/2006-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE NO.146/06/A2 DATED 13/01/2006 BY THE 1ST RESPONDENT ADDRESSED TO 1ST PETITIONER. EXT.P2: COPY OF THE REPLY DATED 25/01/2006. EXT.P3: COPY OF THE COMMUNICATION NO.A2.146/06 DATED 10/02/2006 ADDRESSED TO THE 2ND RESPONDENT. EXT.P4: COPY OF THE REPORT DATED 24/02/2006 BY THE ADVOCATE COMMISSIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.10039 of 2006 ----------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT The writ petition is filed mainly with the following prayer:- (b) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent Panchayat not to encroach upon any portion of petitioners' properties or annex any portions of the same to the adjoining Panchayat road by themselves or through respondents 4 to 7 and others utilising its development funds or otherwise. It is brought to the notice of this court that civil suit O.S.No.252/2006 between the same parties is pending before the Munsiff Court, Pala. Therefore, the writ petition is disposed of making it clear that only subject to orders passed by the civil court any further action shall be taken in the matter. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.10039 of 2006 ----------------------------------- JUDGMENT 19th September, 2008