IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 8592 of 2008(W) ------------------------- PETITIONER(S): --------------- XAVIER, S/O.XAVIER, AGED 54, VILLATHANATHU HOUSE, ADIMALY P.O. ADIMALY KARA, IDUKKI DISTRICT. BY ADV. SRI.JOHNSON MANAYANI RESPONDENT(S): --------------- 1. THE MORNING STAR HOSPITAL, ADIMALY, REP. BY ITS ADMINISTRATOR. 2. BALAKRISHNAN, OZHUKAYIL HOUSE, MURITHANDU, ADIMALY, MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. 3. THE SUB COLLECTOR (R.D.O) DEVIKULAM P.O. DEVIKULAM. 4. THE DISTRICT COLLECTOR, COLLECTORATE, PAINAVU, IDUKKI. 5. THE STATE OF KERALA, REP. BY ITS SECRETARY TO REVENUE AFFAIRS, SECRETARIAT, TRIVANDRUM. ADV. SRI.PHILIP T.VARGHESE FOR R1 SRI.FRANCIS J.VATTAKUZHI FOR R1 SRI.RAINGE KODUVATH FOR R2 SRI.JOY C. PAUL FOR R2 G.P. SHRI.SALIM.P.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 8592/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE SKETCH. P2. COPY OF THE PATTAYAM. P3. COPY OF THE PETITION BEFORE R3 DTD.26.4.07. P4. COPY OF THE PETITION TO R3. P5. COPY OF THE COMPLAINT DTD.9.3.08 BEFORE R3 AND R4. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.8592 of 2008 ================== Dated this the 26th day of August, 2009 J U D G M E N T The petitioner complains of illegal construction by respondents 1 and 2 in a puramboke land, which obstructs the petitioner's ingress and egress to his house and property. The petitioner seeks the following reliefs in this writ petition: “i. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding respondents 3 to 5 to enquire into the petitioner's Exts.P3 to P5 petitions. ii. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding respondents 3 and 4 directing respondents 1 and 2 not to make further construction in the Government property. iii. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding respondents 3 to 5 to measure the land involved in the construction and to block the constructions made by the first respondent in the Government land. iv. Issue a writ of mandamus or any other appropriate writs, direction or orders commanding respondents 3 to 5 to verify and check whether Ext.P2 pattayam is obtained by the 2nd respondent on a fraudulent matter (sic). v. Issue such other orders as are deemed fit and proper in the circumstances of the case.” 2. The counsel for the 2nd respondent submits that the petitioner has not produced any evidence to show that the property claims to be in possession is his, although he has produced a possession certificate. The petitioner limits his prayer for a direction to the 4th respondent to consider and pass orders on Ext.P5 expeditiously. 2 3. Having heard the parties, I dispose of this writ petition with a direction to the 4th respondent to consider and pass orders on Ext.P5, after affording an opportunity of being heard to the petitioner as well as respondents 1 and 2, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge