IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 33359 of 2009(L) ---------------------------------- PETITIONER: --------------- K.V.HAMSAKUTTY,S/O.VELUTTY ALIAS KHADER, KUMBALAPANTHALIL HOUSE,KARIMBA P.O., MANNARKKAD TALUK,PALAKKAD DISTRICT. BY ADV. MR.G.HARIHARAN RESPONDENT(S): -------------------- 1. DISTRICT COLLECTOR,PALAKKAD DISTRICT. 2. THE TAHSILDAR,MANNARKKAD. 3. VILLAGE OFFICER, KARIMBA NO.1 VILLAGE,MANNARKKAD TALUK, PALAKKAD DISTRICT. 4. PRESIDENT, KARIMBA GRAMA PANCHAYATH, MANNARKKAD TALUK. ADVS. MR.N.RAGHURAJ FOR R4 MR.A.V.RAVI FOR R4 MRS.K.AMMINIKUTTY FOR R4 MR.M.A.ASIF – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33359 of 2009 PETITIONER'S EXHIBITS EXT.P1: COPY OF COMMUNICATION DTD 6.2.2009 SENT BY R2 TO THE PETITIONER. EXT.P2: COPY OF REPRESENTATION DTD 5.3.2009 MADE BEFORE THE DISTRICT COLLECTOR BY THE PETITIONER. EXT.P3: COPY OF JUDGMENT IN O.S.NO.49/86 DTD 22.12.1989 PASSED BY THE MUNSIFF MAGISTRATE COURT, MANNARKKAD. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.33359 OF 2009 ------------------------------- Dated this the 8th day of JUNE, 2010 J U D G M E N T The petitioner claims to be the owner of a property. The same was original by family property. The petitioner, his brother, sisters and mother executed a partnership deed, in which a provision was made for a common access to all the separate shares of the sharers. The petitioner’s grievance now is that the fourth respondent has interfered with the possession of the private road provided in the partition deed and used by them, by carrying out maintenance work of the road under the Grameena Thozhilurappu Scheme. The petitioner has filed Ext.P2 representation before the District Collector in respect of the same. The petitioner seeks a direction to the District Collector to consider and pass orders on Ext.P2 representation. I am not satisfied that the District Collector can consider and pass orders on Ext.P2. The petitioner contends that under the provisions of Section 11 and 12 of the Kerala Land W.P.(c)No.33359/09 2 Conservancy Act, the District Collector can consider the same. I am unable to agree. The District Collector can have such powers under the Kerala Land Conservancy Act, only in respect of Government land. As far as the petitioner’s grievance against encroachment by the Panchayat is concerned, the petitioner’s remedy lies in approaching the appropriate civil court for injunction. Therefore, without prejudice to that right, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.33359/09 3 W.P.(c)No.33359/09 4