IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10914 of 2009(H) -------------------------- PETITIONER(S): ------------------ SATHEESH BABU, S/O.VASUDEVAN PILLAI, VADAKKE AMBATTU HOUSE,PUTHENANGADI.P.O, KOTTAYAM. BY MR.A.K.HARIDAS,ADVOCATE RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,KOTTAYAM. 2. REVENUE DIVISIONAL OFFICER,REVENUE DIVISIONAL OFFICE,KOTTAYAM. 3. KOTTAYAM MUNICIPALITY,KOTTAYAM REP. BY ITS SECRETARY. 4. ANAND R.GOURI SADANAM, PUTHENANGADI.PO, KOTTAYAM. 5. SUSHEELAMMA, GOURI SADANAM, PUTHENANGADI.PO, KOTTAYAM. BY MR.SIBY MATHEW,SC FOR R3 MR.PHILIP J.VETTICKATTU ADVOCATE FOR R3 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.10914 OF 2009 ---------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT The petitioner complains of construction of a boundary wall by respondents 4 and 5 which according to the petitioner is by encroaching into road margin. Respondents 4 and 5 filed O.S.No.91/2008 before the Munsiff's Court, Kottayam and obtained an injunction order against the petitioner from destroying the boundary wall. The petitioner would submit that since the encroachment is into road margin, the 3rd respondent is bound to take appropriate action against the same. The petitioner is stated to have submitted Ext.P1 before the Tahsildar, Kottayam in this regard. The petitioner seeks disposal of Ext.P1 by the 3rd respondent. 2. I have heard the learned standing counsel appearing for the 3rd respondent also. The learned standing counsel for the 3rd respondent points out that Ext.P1 is addressed to the Tahsildar, Kottayam. The learned counsel for the petitioner submits that the petitioner has forwarded a copy of the same to W.P.(c)No.10914/09 2 the 3rd respondent. Having heard both sides, I dispose of this writ petition with the following directions: The petitioner shall file a petition similar to Ext.P1 before the 3rd respondent. The 3rd respondent shall consider and pass orders on the same, after affording an opportunity of being heard to the petitioner as well as respondents 4 and 5 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of the same. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.10914/09 3