IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 13757 of 2008(K) -------------------------- PETITIONERS: --------------- 1. K.P.POULOSE, KOIKKARA PANAKKALODI HOUSE, NEDUMKULANGARA MALA, KUSUMAGIRI P.O., KAKKAKAD, KOCHI. 2. MATHEW.K.GEORGE, S/O.GEORGE, NEDUMKULANGARA MALA, KUSUMAGIRI P.O., KAKKAKAD, KOCHI. BY ADV. SRI.K.T.THOMAS RESPONDENTS: ----------------- 1. THE SECRETARY, THRIKKAKARA GRAMA PANCHAYAT, THRIKKAKARA, KAKKANAD. 2. THE TALUK SURVEYOR, KANAYANNUR TALUK OFFICE, ERNAKULAM. 3. SANTHA SASI, W/O.SASI, NEDUMKULANGARA MALAYIL SASI NIVAS, KUSUMAGIRI P.O., ATHANI, KAKKANAD. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) FOR R3 SRI.S.SHANAVAS KHAN FOR R1 SMT.S.INDU FOR R1 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 13757 OF 2008 K ==================== Dated this the 18th day of July, 2008 J U D G M E N T What is sought for in this writ petition is a direction to the respondent Panchayat to implement Ext.P8. 2. Ext.P8 is a resolution taken by the Panchayat on 17/1/2008 accepting Ext.P7 report of the Sub Committee. The issue raised is in relation to the alleged encroachment by the 3rd respondent. The so called encroachers have approached this court on an earlier occasion by filing WP (C) No.31038/07. That writ petition was disposed of by Ext.P6 judgment relegating the parties to pursue the matter before the statutory authority. 3. Accordingly, appeals were filed and the Panchayat appointed a Sub Committee to enquire into the matter. Ext.P7 report confirmed encroachment and recommended that necessary action should be taken for eviction. The report was deliberated by the Panchayat by its meeting held on 17/1/2008 and the Panchayat accepted the report and decided to take further action in this matter. According to the petitioners though this decision was taken as early as on 17/1/2008, Panchayat is not taking any earnest efforts to implement the same. WPC 13757/08 :2 : 4. The 3rd respondent however submits that he has not been communicated Ext.P8 decision. According to him, it was therefore that he did not take any further action against Ext.P8. 5. Irrespective of whether what the 3rd respondent submits is correct or not, so long as Ext.P8 decision taken by the Panchayat remains in force, that has to be implemented, although the 3rd respondent is always at liberty to pursue his remedies against Ext.P8, if he is aggrieved by the said decision. As at present, he has not pursued the matter any further and Ext.P8 remains as such. In these circumstances, directing that the Panchayat shall take earnest efforts for the implementation of Ext.P8 on a time bound basis in terms of the rules, the writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp