IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WA.No. 1279 of 2009 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.33950/2008 Dated 03/04/2009 .................... APPELLANT/PETITIONER: ------------------------------------- LAILA,RESIDING AT EDAKKATTIL HOUSE, 8TH WARD,ATOOR.PO,MULLOORKKARA, THRISSUR DISTRICT. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. MULLOORKARA GRAMA PANCHAYATH,REP.BY ITS SECRETARY,MULLORKARA.PO, MULLORKARA,THRISSUR DISTRICT. 2. THE SECRETARY,MULLORKARA GRAMA PANCHAYAT MULLORKARA.PO,MULLORKARA,THRISSUR DISTRICT. 3. ALI,THOTTINGAL HOUSE,P.O.ALOOR, MULLORKARA,THRISSUR. BY ADV.SRI.V.R.KESAVA KAIMAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.1279 of 2009 ------------------------------------------ Dated, this the 22nd day of June, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the initiation of eviction proceedings under the provisions of the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorised Occupation) Rules, 1996, the present appellant has filed the writ petition. 2. Considering the rival contentions, the learned Single Judge while disposing the writ petition, deemed it fit to direct the Panchayat to issue fresh notice and reconsider the proceedings in respect of the alleged unauthorised occupation of the petitioner/appellant and a time limit was also fixed by the learned Single judge for completion of the proceedings. The apprehension W.A.No.1279 of 2009 - 2 - of the petitioner/appellant is that by the direction, especially the words 'and finalize the proceedings for evicting the petitioner' there is a positive direction issued to evict the petitioner/appellant. This apprehension, in our view, is ill founded since the Panchayat is practically directed to initiate denovo proceedings as per the directions in Ext.P9 order of the Tribunal for Local Self Government Institutions. We see no reason to interfere with the well considered order passed by the learned Single Judge. Therefore, the writ appeal is dismissed. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns/vku