IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 22222 of 2009(W) ---------------------------------- PETITIONER(S): ------------------- MADHAVANUNNI, P. ADIPURAKKAL HOUSE TRIPRAYAR, THRISSUR. BY ADV. SRI.N.ANILKUMAR RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, THRISSUR, COLLECTORATE, AYYANTHODE, THRISSUR. 2. THE SECRETARY, NATTIKA GRAMA PANCHAYATH VALAPPADU.P.O., THRISSUR FOR NATTIKA GRAMA PANCHAYATH. 3. DIRECTOR OF PANCHAYATH PANCHAYAT DIRECTORATE MUSEUM ROAD, THIRUVANANTHAPURAM. 4. SHRI.JOSE (S/O.CHALAKKAL LONAPPAN) AGED 52 J K SOUND CHETTIKKADAVU ROAD, TRIPRAYAR, VALAPPAD-680 567. 5. SHRI. JOHNY(S/O.CHALAKKAL LONAPPAN) AGED 52 J K SOUND CHETTIKKADAVU ROAD, TRIPRAYAR, VALAPPAD-680 567. 6. SMT.VADASSERY LEELA AMMA (W/O.GOVINDAN NAIR) AGED 75 CHETTIKKADAVU ROAD, TRIPRAYAR, VALAPPAD-680.567. 7. SMT.M.SWAMALATHA (W/O.VELUTHEDATHU KRISHNAN KUTTY) AGED 62, WARD MEMBER, NATTIKA GRAMA PANCHAYATH, RAJ VIHAR, CHETTIKKADAVU ROAD, TRIPRAYAR, VALAPPAD-680 567. svs ................2/-.... ...2... 8. SHRI.V.G.ASOKAN, AGED 55, CHETTIKKADAVU ROAD, TRIPRAYAR, VALAPPAD-680 567. 9. SHRI.THACHAPPILLY RAVEENDRAN, AGED 62, EX-SERVICEMAN (IAF), TIPPU SULTAN ROAD, TRIPRAYAR, VALAPPAD – 680 567. 10. SHRI. AHMED MAKKAI, AGED 68, MEDICO LAB TIPPU SULTHAN, ROAD, TRIPRAYAR, VALAPPAD – 680 567. 11. SHRI.M.T.JAYADEVAM(S/O.LATE SRI.MADAKAYI THAMI) AGED 73, CHETTIKKADAVU ROAD, TRIPRAYAR, VALAPPAD – 680 567. R1, R3 BY GOVT.PLEADER SRI.V.MANU R2 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.JOVY GEORGE VARGHESE R7 BY ADV. SRI.RAJIT R9 BY ADVS. SRI.SHOBY K.FRANCIS SRI.M.A.MOOSA KUNJU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010, ALONG WITH WPC NO. 6968 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 22222/2009(W) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE NO.AS.157/2001 DATED 07/02/2001. P2: COPY OF THE SKETCH BY THE VILLAGE OFFICER. P3: COPY OF THE LETTER ISSUED BY THE PETITIONER ON 22/02/2001. P4: COPY OF THE REPORT OF THE TALUK SURVEYOR. P5: COPY OF THE ORDER DATED 16/11/2006 IN 1033/2005. P6: COPY OF THE ORDER DATED 16/11/2006 IN 692/2006. P7: COPY OF THE ORDER DATED 13/04/2007 IN 530/2004. P8(SERIES):COPY OF THE LAND TAKEN FROM PETITIONER AND ENCROACHMENT BY OTHERS. P8(a):COPY OF THE LAND TAKEN FROM PETITONER AND ENCROACHMENT BY OTHERS. P8(b):COPY OF THE LAND TAKEN FROM PETITIONER AND ENCROACHMENT BY OTHERS. P9: COPY OF THE PETIITON BEFORE THE DIRECTOR OF PANCHAYAT. P10: COPY OF THE LETTER FROM THE DIRECTOR OF PANCHAYAT DATED 22/06/2007. P11: COPY OF THE NOTICE DATED 05/01/2008. P12: COPY OF THE REQUEST MADE ON 15/12/1997. P13: COPY OF THE LETTER WRITTEN ON 24/01/2001 BY THE ROAD EXPANSION AND TARRING COMMITTEE CONVENER TO THE PANCHAYAT PRESIDENT. P14: COPY OF THE REPORT OF THE CHAVAKKAD TAHASILDAR NO.B3-1770/2006 DATED 01/01/2006. P15: COPY OF THE MINUTES OF THE MEETING HELD BY THE NATTIKA GRAMA PANCHAYAT ON 27/03/2006. /TRUE COPY/ P.A. TO JUDGE svs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.22222 of 2009 ------------------------------- Dated this the 8th day of December, 2010 J U D G M E N T The petitioner who is a resident of Nattika Grama Panchayat has filed this writ petition seeking a direction to the official respondents to implement Ext.P5 order passed by the Honourable Ombudsman for Local Self Government Institutions and Ext.P10 order passed by the Director of Panchayats by evicting the encroachers from the Chettikkadavu road which is a road vested with the Nattika Grama Panchayat. The pleadings disclose that aggrieved by the steps taken by the Panchayat to evict the encroachers, the seventh respondent has filed O.S.No.586 of 2010 and 9th respondent has filed O.S.No.1515 of 2001 on the file of the Court of the Munsiff of Chavakkad and that the said suits are pending. It is also brought to my notice that though O.S.No.1515 of 2001 was initially decreed ex parte, the ex parte decree has been set aside by the court below. Apart from respondents 7 and 9, the other party respondents, against whom also steps had been taken by the Nattika Grama Panchayat to remove the encroachment, have not challenged the same before this Court or in other proceedings. It is also not in dispute that the other party respondents have already been evicted from the road poramboke. In such circumstances, no further orders are called for in this writ petition W.P.(C) No.22222 of 2009 2 except to direct that if the petitioner is desirous of getting himself impleaded in the suits filed by respondents 7 and 9, it will be open to him to move the court below where the suits are pending in that regard. It is clarified that if in the said suits, interim orders have not been passed restraining the local authority from evicting the encroachers, it will be open to the local authority to evict them notwithstanding the fact that suits are pending. Having regard to the fact that the suit instituted by the 9th respondent is of the year 2001, I direct the court below to try and dispose of the suit expeditiously and in any event, within three months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of with the above directions. P.N. RAVINDRAN, JUDGE. nj.