IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 6723 of 2011(M) --------------------------------------- PETITIONER(S): ------------------------ RAMJITH S.S., S/O.SADASIVAN, STANDARD BUILDING, THAZHAM VADAKKU, CHATHANOOR P.O., KOLLAM DISTRICT. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): --------------------------- 1. CHATHANNOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHATHANNOOR P.O., KOLLAM DISTRICT, PIN-691 572. 2. VILLAGE OFFICER, MEENADU, KOLLAM DISTRICT, PIN-691 001. 3. TAHSILDAR, TALUK OFFICE, KOLLAM, PIN 691001. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 5. MARY KURIAKOSE, W/O.KURIAKOSE, KOYIPURATHU VEETTIL, KAKKAROTHU, CHATHANNOOR, KOLLAM DISTRICT, PIN-691 572. 6. KURIAKOSE, KOYIPURATHU VEETTIL, KAKKAROTHU, CHATHANNOOR, KOLLAM DISTRICT, PIN-691 572. R1 BY ADVS. SRI.M.R.SARIN PANICKER, SRI.M.R.SASITH. R2 TO R4 GOVERNMENT PLEADER SRI. K.RAMESH R5 & R6 BY ADV. SRI.BECHU KURIAN THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6723/2011 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LAND TAX RECEIPT OF THE PETITIONER'S PROPERTY DTD. 22/05/2006. P2: COPY OF THE RELEVANT EXTRACT OF THE REGISTER MAINTAINED BY THE 1ST RESPONDENT. P3: COPY OF THE PHOTOGRAPH EVIDENCING BLOCKING OF PANCHAYATH NOTIFIED ROAD. P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA DTD. 09/03/2010. P4(A): COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE REVENUE MINISTER OF KERALA DTD.09/03/2010. RESPONDENT'S EXHIBITS: R6(A): COPY OF THE RE-SURVEY SKETCH. R6(B): COPY OF THE ORDER DTD. 31/01/2011 IN SA 715/2010 AND SA.716/2010. /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.6723 Of 2011 ---------------------- Dated this the 10th day of August, 2011. J U D G M E N T The writ petition is filed for a direction directing respondents 2 to 4 to make an enquiry regarding the encroachment of river puramboke by respondents 5 & 6 and to take action against them in accordance with law, within the time limit to be fixed by this Court and for other incidental reliefs. 2. According to the petitioner, there is a Panchayath road on the western and southern side of his property, that the respondents 5 & 6 encroached the river puramboke, filled the same with sand and put up a permanent iron gate and blocked the Panchayath road. The petitioner submits that because of the putting up of iron gate the road maintained by the 1st respondent Panchayath is blocked and the petitioner is enable to enter into his property. It is averred that the respondents 5 & 6 has no manner of right to encroach the river purambokde and block the Panchayath road. It is also averred that the unauthorised act of respondents 5 & 6 was brought to the notice of the Panchayath, ::2:: W.P.(C).No.6723 Of 2011 but, they have not so far taken any action in the matter. Therefore, the petitioner was constrained to approach this Court for appropriate reliefs. 3. Heard the learned counsel for the petitioner, first respondent and respondents 5 & 6. 4. The Panchayath, in their counter affidavit, stated that Ext.P2 register produced by the petitioner stating the distance between the standard junction road to standard textile factory road as 900 metres is a mistake and later a site enquiry was conducted and measurement was carried out and found that the distance between the standard junction road to standard textile factory road is 660 metres. It is further stated in the counter affidavit that the Panchayath road is up to 660 meters and it is a tar road owned and maintained by the Panchayath. 5. Respondents 5 & 6 also filed counter affidavit denying the allegations in the writ petition. They also produced Ext.R6(b) order passed by the Tahsildar which according to the respondents 5 & 6 was issued after making necessary enquiries. ::3:: W.P.(C).No.6723 Of 2011 6. Petitioner submitted Exts.P4 and P4(a) representations on 9.3.2010 and Ext.P7 on 29.3.2011. The representations are pending consideration before the Panchayath. 7. In the facts and circumstances stated above, there will be a direction to the 1st respondent Panchayath to consider and dispose of Exts.P4, P4(a) and P7 representations and pass appropriate orders after conducting due enquiry into the allegations raised in the said representations. The representation shall be disposed of within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner and respondents 5 & 6. The writ petition is disposed of above. HARUN-UL-RASHID, Judge. bkn/-