IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 8485 of 2008(I) ------------------------- PETITIONER: ------------ SOSAMMA GEORGE @ AMMINI GEORGE, THEKKEVEETTIL HOUSE, ARANMULA P.O., MALLAPUZHASSERY VILLAGE, KOZHANCHERRY TALUK, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. MALLAPPUZHASSERY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PUNNACKADU P.O., PATHANAMTHITTA DISTRICT-689 652. 3. DISTRICT COLLECTOR, PATHANAMTHITTA. 4. VILLAGE OFFICER, MALLAPPUZHASSERY, PATHANAMTHITTA DISTRICT. 5. TAHSILDAR, TALUK OFFICE, KOZHENCHERRY, PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT. 6. TALUK SURVEYOR, TALUK OFFICE, KOZHENCHERRY, PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT. 7. GEEVARGHESE THOMAS, CHARIVUKALAYIL HOUSE, ARANMULA P.O., MALLAPPUZHASSERI VILLAGE, KOZHENCHERY. 8. THOMAS JOHN, CHARIVUKALAYIL HOUSE, ARANMULA POST, MALLAPPUZHASSERI VILLAGE, KOZHENCHERY. 9. ANIYAMMA, CHARIVUKALAYIL HOUSE, ARANMULA POST, MALLAPPUZHASSERI VILLAGE, KOZHENCHERY. BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 8485 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of March, 2008 JUDGMENT I do not propose to examine the genuineness of the grievance which is voiced by the petitioner or the merits of the various grounds raised. The complaint of the petitioner is that respondents 7 to 9 have encroached upon a pathway which is vested in the second respondent Panchayat and the Panchayat, or for that matter authorities like the District Collector, Tahsildar, Taluk Surveyor etc. are not taking action for abating the encroachment even though several representations have been submitted before them. Since the case of the petitioner is that the pathway in question is vested in the Panchayat , I am of the view that it is for the Panchayat Secretary to look into Ext.P5 immediately. Accordingly the writ petition will stand disposed of issuing the following directions: The Secretary of the Panchayat will take up Ext.P5, conduct an immediate local inspection of the pathway in question and if that WPC.No.8485/08 2 inspection reveals that there is some truth in the allegations raised by the petitioner, the Panchayat Secretary will issue notice to respondents 7, 8 and 9 and take such action as is necessary on Ext.P5 so that encroachment if any on the Panchayat road can be abated. Needful in the above regard shall be done by the Secretary of the Panchayat at the earliest and at any rate within one month of receiving a copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.8485/08 2