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. 6968 of 2008(D) -------------------------------- PETITIONER(S): ------------------- RAVEENDRAN, AGED 66 YEARS, S/O.SANKARAN THACHAPILLY HOUSE, VALAPPADU P.O., THRIPRAYAR THRISSUR DISTRICT. BY ADVS. SRI.SHOBY K.FRANCIS SRI.M.A.MOOSA KUNJU RESPONDENT(S): -------------------- 1. NATTIKA GRAMA PANCHAYATH, THRIPRAYAR P.O.VALAPPADU, THRISSUR DISTRICT, REP. BY IT'S SECRETARY. 2. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, REP. BY IT'S SECRETARY. R1 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND R2 BY GOVT.PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010, ALONG WITH WPC NO. 22222 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 6968/2008(D) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EVICTION NOTICE ISSUED BY THE 1ST RESPONDENT DATED 07/02/2001 IN A5-157/2001 ISSUED TO THE PETITIONER. P2: COPY OF THE TITLE DEED NO:1120/78 OF SRO THRIPRAYAR DATED 28/09/1978 INFAVOUR OF THE PETITIONER. P3: COPY OF THE REPLY SUBMITTED BY THE PETITIONER'S WIFE DATED 19/02/2001. P4: COPY OF THEE LAWYERS NOTICE DATED 22/02/2001 ISSUED BY THE PETITIONER'S LATE WIFE. P5: COPY OF THE REGISTERED WILL NO.222/2004 DATED 20/09/2004 EXECUTED BY THE PETITIONER'S LATE WIFE. P6: COPY OF THE JUDGMENT DATED 21/02/2004 OS NO.1515/2001 OF THE MUNSIFF COURT, CHAVAKKAD. P7: COPY OF THE DECREE DATED 21/12/2004 OS NO.1515/2004 PASSED BY THE MUNSIFF COURT, CHAVAKKAD. P8: COPY OF THE EVICTION CUM DISPOSSESSION NOTICE ISSUED BY THE 1ST RESPONDENT DATED 05/02/2008 IN A2-157/2007 RECEIVED BY THE PETITIONER ON 14/02/2008. P9: COPY OF THE ORDER DATED 16/11/2006 OP.NO.1033/2005 & 51/06 PASSED BY THE 2ND RESPONDENT. P10: COPY OF THE COMMISSION REPORT DATED 29/10/2001 IN OS NO.1515/2001. P11: COPY OF THE BASIC TAX RECEIPT DATED 20/02/2008 ISSUED BY THE VILLAGE OFFICER. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.6968 of 2008 ------------------------------- 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 challenging Ext.P8 notice issued by the Secretary of Nattika Grama Panchayat calling upon him to vacate the portion of the road encroached upon by him and Ext.P9 order passed by the Honourable Ombudsman for Local Self Government Institutions, whereby Nattika Grama Panchayat was directed to take steps to evict the persons who have encroached upon the panchayat road. The main contention raised in the writ petition is that in view of the judgment and decree passed by the competent civil court in O.S.No.1515 of 2001, copies of which are produced and marked as Exts.P6 and P7, the Panchayat cannot proceed against the petitioner. It is conceded at the Bar that the ex parte decree passed in O.S.No.1515 of 2001 on the file of the Court of Munsiff, Chavakkad has been set aside on application being filed by the Panchayat and the suit has to be tried and disposed of afresh. In view of the fact that the petitioner has already filed a suit and the suit is pending, I am of the opinion that the petitioner should pursue the said suit instead of seeking intervention of this Court. The writ petition is accordingly dismissed leaving open the W.P.(C) No.6968 of 2008 2 contentions of the petitioner and reserving liberty with him to prosecute O.S.No.1515 of 2001. P.N. RAVINDRAN, JUDGE. nj.