IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 17458 of 2010(F) -------------------------- PETITIONER(S): --------------- C.KRISHNAN, S/O.CHANDRAN, `SOUPARNIKA', AMRA-31, AMBADIMOOLA, THRIKKAKKARA, KAKKANAD P.O., PIN-682 030. BY ADV. SRI.M.M.MONAYE SRI.M.PAUL VARGHESE RESPONDENT(S): --------------- 1. SECRETARY (SPECIAL GRADE) THRIKKAKKARA GRAMA PANCHAYAT, KAKKANAD P.O., KOCHI-682 030. 2. DISTRICT COLLECTOR, ERNAKULAM DISTRICT, KAKKANAD, KOCHI-682 030. 3. TAHSILDAR, KANAYANNUR TALUK, KOCHI-682 011. 4. JAGAL MOHANAN, S/O.RAGHAVAN, VATTAKKOOTTATHIL, IIA/6/64, N.G.O.QUARTERS, THRIKKAKKARA, PIN-682 021. ADV. SRI.S.SHANAVAS KHAN FOR R1 R2 AND R3 BY G.P. SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17458 of 2010-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2010. JUDGMENT The petitioner seeks for a direction to respondents 1 to 3 to take effective steps to see that the encroachment made by the 4th respondent which prevents the petitioner from using a pathway, is removed expeditiously. The petitioner is the absolute owner in possession of 1.62 ares of land in different survey numbers in Kakkanad village. He is residing in the house in the adjoining plot in Sy. No.731/8 of the said village which he purchased. The 4th respondent is the owner of the adjoining property, having an extent of 1.20 ares which is situated in the southern side of the plot owned by the petitioner. It is alleged that the 4th respondent encroached into the road puramboke in Sy. No.731/5 and thereby effectively prevented the petitioner from entering into the plot owned by the petitioner which necessitated the petitioner to approach the District Collector by Ext.P1 representation. Later, enquiries were conducted by the Revenue Officers and they proposed to take action against the 4th respondent. But so far, the action has not been finalised which is the complaint raised by the petitioner in the writ petition. wpc 17458/2010 2 2. Heard learned Standing Counsel for the Panchayat. It is submitted that the Panchayat has already received the sketch prepared by the Tahsildar, which shows the extent of the encroachment. It is further pointed out that the Panchayat will take steps under the Kerala Panchayat Raj Act (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorised Occupation) Rules, 1996. 3. Therefore, it is up to the Panchayat to take steps in the matter in accordance with the provisions of the above Rules. Expeditious steps will be taken in the matter with notice to the 4th respondent also. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/