IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 20878 of 2009(D) -------------------------- PETITIONER(S): --------------- 1. KHALID,MANNARKOTTU MOOLA,KUSUMAGIRI.PO, ATHANI,KAKKANAD. 2. ABDUL AZEEZ,MUKALARKUDI,KUZHIVELIPPADI, EDATHALA.P.O,ERNAKULAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT IN THE DEPARTMENT OF LOCAL SELF GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THRIKKAKKARA GRAMA PANCHAYATH REP; BY ITS SECRETARY,THRIKKAKKARA GRAMA PANCHAYATH, THRIKKAKKARA,KAKKANADU. 3. SECRETARY, THRIKKAKKARA GRAMA PANCHAYATH REPRESENTEDBY ITS SECRETARY,THRIKKAKKARA GRAMA PANCHAYATH,THRIKKAKKARA,THRIKKAKKARA, KAKKANADU. 4. K.P.POULOSE,KOIKKARA PANAKKALODI HOUSE, NEDUMKULANGARAMALA,KUSUMAGIRI.P.O,KAKKANADU, KOCHI. BY SC SRI.S.SHANAVAS KHAN GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20878/2009 -------------------- Dated this the 27th day of July, 2009 JUDGMENT Petitioners claim to be in permissive occupation of a land belonging to the Panchayat. According to them, they have put up a building in the said property and are continuing without interruption for a fairly long time, allegedly for more than 30 years as on date. They filed Exts.P9 and P10 before the Panchayat invoking powers of the Panchayat under Rule 3 of the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for unauthorised occupation) Rules, 1996. Orders are yet to be passed thereon. 2. In the meanwhile, Exts.P11 and P12 eviction notices were issued by the Secretary. They therefore filed Ext.P13 before the Panchayat, essentially seeking orders on Exts.P9 and P10. They also seek restraint on the eviction till such orders are passed. Final decision has not been taken on Exts.P9 and P10 so far. W.P.(C).20878/2009 2 3. It is open to the petitioners to prefer an appeal against Exts.P11 and P12 also. If it is done within a week from today, such appeal shall be considered along with Exts.P9 and P10, and decision taken by the appropriate appellate authority within one month from the date of receipt of a copy of this judgment. Petitioners' dispossession shall abide by the orders to be passed by the appellate authority. Writ petition is disposed of as above. V.GIRI, Judge mrcs