IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 15454 of 2006(M) ------------------------------------ PETITIONER(S): ---------------------- A.G. MURALEEDHARAN, S/O. GOPALAN, AGED 57, RESIDING AT AMBATTU VEEDU, ELAMKUNNAPUZHA VILLAGE, OCHENTHRUTHU DESOM, OCHENTHRUTHU P.O., KOCHI TALUK, PIN - 682 508. BY ADVS. SRI. G. SUBRAMANIAN SRI. SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENT(S): ------------------------ 1. SECRETARY, VYPEEN BLOCK DEVELOPMENT OFFICER, KUZHUPILLY, KOCHI TALUK. 2. VILLAGE OFFICER, PUTHUBYPPU, KOCHI TALUK. 3. TAHASILDAR, KOCHI TALUK OFFICE, FORT KOCHI. 4. VAVACHAN. P.X., S/O. XAVIER, CONVENOR, PANACKAL HOUSE, PUTHUVYPPU, KOCHI TALUK. 5. SECRETARY, ELAMKUNNAPUZHA GRAMA PANCHAYATH, MALIPPURAM P.O., PIN - 682 510. R1, R2 & R3 BY GOVT. PLEADER KOCHUMOL KODUVATH. R4 BY ADV. SRI.C.A.CHACKO R5 BY ADV. SRI. M. V. BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON SAME DAY DELIVERED THE FOLLOWING: PN WP(C).No. 15454 of 2006(M) APPENDIX PETITIONER'S EXHIBITS EXT. P1 COPY OF THE SALE DEED NO. 1685/2001 OF NJARAKKAL SUB REGISTRY OFFICE. EXT. P2 COPY OF THE PATTA NO. 122 OF 1998 ISSUED BY THE LAND TRIBUNAL, KOTTAYAM. EXT. P3 COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 30.11.2004. EXT. P4 COPY OF TH COMPLAINT DATED 3.10.2005 SUBMITTED BY THE PETITIONER. EXT. P5 COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE VILLAGE OFFICER, PUTHUVYPPY DATED 29.12.2004. RESPONDENT'S EXHIBITS EXT. R1(a) COPY OF BASIC TAX REGISTER EXT. R1(b) COPY OF THE REPORT PREPARED BY VILLAGE OFFICER. EXT. R1(c) COPY OF THE PHYSICAL VERIFICATION REPORT S UBMITTED BY THE SECRETARY ELAMKUNNAPUZHA GRAMA PANCHAYATH TO THE SECRETARY VYPIN BLOCK PANCHAYATH. /TRUE COPY/ P.A. TO JUDGE PN S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.15454 of 2006 ---------------------------------------------- Dated this the 19th day of November, 2011 JUDGMENT The petitioner claims to be the owner in possession of immovable properties having an extent of 3 cents in Re-Survey No.48/24 of Puthuvyppu Village in Kochi Taluk, which he obtained by Ext.P1 sale deed. The same is covered by Ext.P2 patta issued to the vendor of the property to the petitioner. The 1st respondent constructed a road by name Chalipuram road at the instance of the Elamkunnapuzha Grama Panchayat. According to the petitioner, the said road has been constructed encroaching into a portion of the petitioner's property. The petitioner objected to the same and the convenor of the beneficiary committee, who constructed the road, by Ext.P3, undertook to remove the encroachment, if any, if on measurement of the same, it was found that there is any encroachment. By Ext.P5, the Panchayat requested the Village Officer, Puthuvyppu to get W.P.(C)No.15454/06 2 the property measured and delineated. The petitioner filed this writ petition, when no further steps were taken in that regard. The petitioner has filed this writ petition seeking the following relief: “1. Call for the records relating to Exhibit- P1 to P5 from Respondents 1 to 5. 2. Issue a writ of mandamus or other appropriate writ, direction or order directing the 1st respondent to remove the construction made in the encroached area of the petitioner.” The petitioner points out that by Ext.R1(b), it has been stated that, on measurement, a portion of the properties has been encroached into. A sketch has also been produced along with Ext.R1(b). In view of the same, according to the petitioner, the respondents are liable to vacate the encroached portion. 2. A counter affidavit has been filed, wherein the stand taken is that there is no clear picture as to whether there is any encroachment or not. In view of the disputed questions of facts involved, I am of the opinion that the petitioner has to establish his rights in a suit by adducting evidence which cannot be done in a writ petition and seek eviction from any encroachment if there is W.P.(C)No.15454/06 3 any. Therefore, without prejudice to that right, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.15454/06 4