IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 872 of 2004(D) ------------------------------------- PETITIONER: --------------------- T.THULASI, AGED 36 YEARS, W/O.P.MURUGAN ACHARI, MANOJ BHAVAN, KESHAVAPURAM, NAGAROOR P.O. VIA,.KILIMANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.IBRAHIM SRI.AMEER.K.M. RESPONDENTS: -------------------------- 1. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 2. THE NAGAROOR GRAMA PANCHAYATH, NAGAROOR P.O. THIRUVANANTHAPURAM,. REPRESENTED BY ITS SECRETARY. BY ADV. SRI.M.R.RAJESH - R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.872 OF 2004 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE NO.174/02 DTD. 22/06/02 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE APPEAL DTD. 1/07/2002 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3: COPY OF THE JUDGMENT IN O.P.NO.20780/02 DTD. 24/07/02. EXT.P4: COPY OF THE ORDER NO.A7-174/02 DTD. 25/10/02 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 19/12/02. EXT.P6: COPY OF THE PETITION DTD. 28/10/02 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7: COPY OF THE ADDITIONAL STATEMENT DTD. 12/05/03 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P8: COPY OF THE STATEMENT NO.B3-6452/200 DTD. 14/07/03 FILED BY THE DEPUTY DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM BEFORE THE 1ST RESPONDENT. EXT.P9: COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 29/09/03. EXT.P10: COPY OF THE ORDER IN O.P.NO.531/02 DTD. 30/09/03 ISSUED BY THE 1ST RESPONDENT. EXT.P11: COPY OF THE SURVEY SKETCH FROM THE TALUK SURVEY OFFICE, CHIRAYINKEEZHU SHOWING THE BUILDING. EXT.P12: COPY OF THE ORDER DTD. 25/05/04 ISSUED BY THE 2ND RESPONDENT. EXT.P13: COPY OF THE LETTER DTD. 31/05/04 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P14: COPY OF THE REPORT SUBMITTED BY THE ADDL.TAHSILDAR, CHIRAYINKEEZHU TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 872 OF 2004-D ----------------------------------------- JUDGMENT The petitioner has approached this Court, challenging Ext.P12 decision of the Grama Panchayat and also praying for a direction to consider Ext.P5 appeal afresh. Pursuant to the interim order of this Court, the petitioner's building has already been numbered provisionally. Now, the Tahsildar has issued Ext.P14 communication, stating that the construction is made by the petitioner in her property and not in the road puramboke. In view of the above position, the petitioner is entitled to succeed. Accordingly, Ext.P12 is quashed, as also any decision of the original authority, treating that the construction is made encroaching into the road puramboke. If the Panchayat is aggrieved by Ext.P14, it will be free to work out its remedies. The Writ Petition is disposed of as above. 20th June, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/