IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 29014 of 2004(D) -------------------------- PETITIONER: ------------ T.MOHANDAS, AGED 43 YEARS, S/O.P.KUMAAN NAIR, SECRETARY, KERALA KARSHAKA SANGHAM, ORNGHATTIRI PANCHAYATH COMMITTEE, VIA,AREACODE, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, ERNAD TALUK. 3. THE VILLAGE OFFICER, OORGHATTERI VILLAGE 4. THE SECRETARY, OORNGHATTERI GRAMA PANCHAYATH. 5. C.JABIR, AGED ABOUT 40 YEARS, SUB INSPECTOR, RAF BATTALLION PANDIKKAD, R/A.CHEMBAKATH HOUSE, THERATTAMMAL P.O,. OORNGHATTERI, AREACODE. 6. STATE OF KERALA, REP. BY SECRETARY, REVENUE DEPARTMENT. R1 TO 3& R6 BY G.P. SMT.SMITHA SUKUMARAN BY ADV. SRI.K.M.SATHYANATHA MENON FOR R5 SRI.K.ANAND FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF REPRESENTATION SENT BY PETITIONER TO R1 DT.26.8.04. P1(a): TRUE COPY OF POSTAL RECEIPT. P2: TRUE COPY OF REPRESENTATION SENT BY ALIKUTTY TOR1 DT.25.3.04. P3: TRUE COPY OF LETTER DT.22.6.04. P4: TRUE COPY OF PAPER REPORT PUBLISHED IN "VARTHAMANAM" DAILY DT.1.5.04. RESPONDENT'S EXHIBITS: R5-1: TRUE COPY OF ROUGH SKETCH TO SHOW THE DETAILS OF PROPERTY OF R5, THODU(CANAL) AND OTHER PADDY FIELDS. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.29014 of 2004 .................................................................... Dated this the 29th day of May, 2008. JUDGMENT The W.P. filed in 2004 is for direction to respondents 1 to 4 to take appropriate action against 5th respondent for alleged encroachment of puramboke land on the side of a "thodu" for construction of house. The specific allegation is that the 5th respondent has encroached upon 3.6 cents of puramboke land and constructed house. However, this court vide interim order dated 4.10.2004 directed the first respondent to conduct enquiry and take appropriate steps if there is encroachment. It is not known whether any action is taken pursuant to the interim order. Even petitioner has not complained of non-implementation of direction by first respondent pursuant to interim order of this court. In any case if there is encroachment, the 5th respondent is liable to be evicted. However, if the 5th respondent is occupying the land purchased by him as stated in the counter affidavit, then there is no need to evict him. The W.P. is disposed of directing the first respondent to take appropriate action, if 5th respondent is found to be involved in encroachment as alleged. C.N.RAMACHANDRAN NAIR Judge pms