IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 OP.No. 38814 of 2001(U) ----------------------- PETITIONER: ------------ M.K.ASAF ALI, AGED 54, S/O.KUNJUMOHAMMED, HAFSA MAHAL, ENKAKAD P.O. TALAPPILLY TALUK, THRISSUR DIST. BY ADV. SRI.P.BHASKARAN RESPONDENTS: ------------- 1.THE DIST.COLLECTOR, THRISSUR. 2.THE ASST.EXECUTIVE ENGINEER, PWD ROADS, SUB DIVISION OFFICE, TALAPPILLY, WADAKKANCHERY. 3.LAKSHMY, AGED 70, W/O.THATTAN KRISHNAN NEAR 66 KV SUB STATION, ENKAKAD VILLAGE, TALAPPILLY TALUK. 4.KUNJIMON, S/O.KINARAMAKKAL PAREED, NEAR 66 KV SUB STATION, ENKAKAD VILLAGE, TALAPPILLY TALUK. 5.RAGHAVAN NAIR, VATTAPARAMBIL HOUSE, ENKAKAD VILLAGE, TALAPPILLY TALUK. 6.SANTHA, D/O.KUNJI, VADAVARAMBATH, ENKAKAD VILLAGE, TALAPPILLY TALUK. 7.BHARGAVI, W/O.LATE KESAVAN, NEAR 66 KV SUB STATION, ENKAKAD VILLAGE, TALAPPILLY TALUK. 8.SAROJINI, D/O.CHEERATH CHINNA, NEAR BURIAL GROUND, ENKAKAD VILLAGE, TALAPPILLY TALUK. 9.SANKARANKUTTY, S/O.CHAKKIRI, VATTAPARAMBIL,ENKAKAD VILLAGE, TALAPPILLY TALUK. 10.KALI, W/O.KUTTAPPU, MOORKANATTIL, ENKAKAD VILLAGE, TALAPPILLY TALUK. 11.JANU, W/O.KARAPPAN, CHEERATHU HOUSE, ENKAKAD VILLAGE, TALAPPILLY TALUK. 12.T.K.THANKAPPAN, THENKATTIL HOUSE, ENKAKAD VILLAGE, TALAPPILLY TALUK. 13.DEVU, D/O.CHIRANAGADAN, VAIATHUVALAPPIL, ENKAKAD VILLAGE, TALAPPILLY TALUK. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN GOVERNMENT PLEADER SRI.BENJAMIN PAUL. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.38814/2001 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : REPRESENTATION SUBMITTED BY THE PETITIONER ON 9.11.2000 BEFORE THE FIRST RESPONDENT. EXT.P2 : -DO- -DO- BEFORE THE 2ND RESPONDENT. KURIAN JOSEPH, J. ---------------------------------------------- Original Petition No.38814 of 2001 ---------------------------------------------- Dated 25th January, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- (i) “To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to take appropriate action for evicting respondent Nos.3 to 13 from the PWD road leading to Vazhani Irrigation Project. (ii) a writ of mandamus or any other appropriate writ, order or direction to the 1st respondent to take appropriate action as provided under Sec.11 of the Land Conservancy Act with respect to the eviction of respondent Nos.3 to 13 from the puramboke land.” According to the contesting respondents, they have not encroached upon any puramboke land. It is seen from the counter affidavit filed by the first respondent that he has taken appropriate action for evicting the unauthorised occupants. Therefore, the writ petition is disposed of making it clear that in case there are still any unauthorised occupants, it will be open to the petitioner to point out the same before the first respondent within one month from today, in which case, appropriate action in accordance with law will be taken with notice to the affected OP NO.38814/01 2 parties also, within another three months. C.M.P.No.63614/01 : Dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- Original Petition No.38814 of 2001 ---------------------------------------------- J U D G M E N T Dated 25th January, 2008.