IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 3010 of 2011(A) ------------------------- PETITIONER(S): --------------- T.MANILAL,AGED 38 YEARS, S/O.THYAGARAJAN,VILAYIL VEEDU,MANCHALOOR, PATHANAPURAM BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- 1. THALAVOOR GRAMAPANCHAYATH, REP.BY ITS SECRETARY, KOLLAM DIST – 691 001 2. THE EXECUTIVE ENGINEER,PWD ROADS DIVISION,KOLLAM- 691 001 3. THE VILLAGE OFFICER PIDAVOOR, KOLLAM DISTRICT - 691625 4. P.SURENDRAN,PARAVILA VEEDU, MANCHALOOR,PATHANAPURAM – 689 695 5. BINU,S/O.SURENDRAN,PARAVILA VEEDU, MANCHALOOR,PATHANAPURAM – 689 695. ADV. SRI.ANCHAL C.VIJAYAN FOR R4-5 GOVERNMENT PLEADER SRI.K.RAMESH FOR R2-3 SRI.V.PHILIP MATHEW FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3010 of 2011(A) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE REPRESENTATION DTD.6.1.2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DTD.6.1.2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R5(A) : COPY OF THE ORDER DTD.22.12.2010 IN W.P(C) NO.37872/2010 EXT.R5(B) : COPY OF THE ORDER DTD.31.3.2011 IN CONTEMPT CASE (CIVIL) NO.308/2011 EXT.R5(C) : COPY OF THE ORDER DTD.11.4.2011 IN CONTEMPT CASE (CIVIL) NO.308/2011 EXT.R5(D) : COPY OF THE REPORT FILED BY THE LAND REVENUE COMMISSIONER DTD.28.4.2011 IN CONTEMPT CASE (CIVIL) NO.308/2011 EXT.R5(E) : COPY OF THE TAX RECEIPT DTD.15.1.2009 EXT.R5(F) PHOTOS SHOWING THE NATURE AND POSITION OF THE SERIES : PROPERTY AND THE ROAD WITH ITS WIDTH //TRUE COPY// P.S TO JUDGE ab HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 3010 OF 2011 ------------------------------- DATED THIS THE 25TH DAY OF AUGUST, 2011 JUDGMENT Petitioner submits that respondents 4 and 5 had encroached upon a portion of Pathanapuram-Kunnicode road illegally. The learned counsel for the petitioner pointed out that under Section 170(2) of the Kerala Panchayat Raj Act the lst respondent has got a statutory duty to protect public roads and public paths from encroachment. Learned counsel requests that a direction may be issued to the lst respondent to take immediate action for evicting respondents 4 and 5 from the encroached area mentioned in Exts.P1 and P2 and from making any construction and to restore the public road as well as the public property to its original position. 2. When the matter was taken up for final hearing, the learned counsel for the petitioner submits that Ext.P1 representation in this regard is pending consideration before the ls -2- W.P.(C).No.3010/2011 respondent. The learned counsel requests that a direction may be issued to the lst respondent to consider and dispose of Ext.P1 representation within a time frame to be fixed by this Court. 3. In the aforesaid circumstances, this writ petition is disposed of with a direction to the lst respondent to consider Ext.P1 and pass appropriate orders thereon, after affording an opportunity of being heard to the petitioner, respondents 4 and 5 and other affected parties, if any, within a period of one month from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. kcv.