IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 17924 of 2011(M) ----------------------- PETITIONER : --------------------- JOCOB, S/O.VARKY, AGED 59 YEARS, MATHIRAPILLY HOUSE, EDAYAKUNNAM, CHERANELLOOR VILLAGE, KOCHI-27 BY ADV. SRI.R.DIVAKARAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001 2. DIRECTOR OF PANCHAYATH, OFFICE OF THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM-695033 3. DISTRICT COLLECTOR, ERNAKULAM DISTRICT-682030 4. CHERANELLOOR GRAMA PANCHAYATH, CHERANELLOOR, SOUTH CHITTOOR P.O., COCHIN-27, REPRESENTED BY ITS SECRETARY 5. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT CIVIL STATION, KAKKANAD, ERNAKUALM DISTRICT-682030 6. TAHASILDAR, KANAYANNOOR TALUK, ERNAKULAM DISTRICT-682011 R1 TO R3 , R5 & R6 BY GOVT. PLEADER SRI. S. ABDUL SALAM R4 BY ADV. SRI.S.SHANAVAS KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 17924 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NOTICE DATED 23/3/2011. EXT.P2 : COPY OF THE NOTICE TO THE 5TH RESPONDENT DATED 23/3/2011. EXT.P3 : COPY OF THE MALAYALA MANORAMA DAILY NEWS PAPER DATED 7/6/2011. EXT.P4 : COPY OF THE NOTICE TO THE 3RD RESPONDENT ON 30/6/2011. EXT.P5 : COPY OF THE REPRESENTATION DATED 4/7/2011. EXT.P6(a), (b), (c), (d) & (e) : COPY OF THE PHOTOGRAPHS. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.17924 OF 2011 ------------------------------- DATED THIS THE 20TH DAY OF SEPTEMBER, 2011 JUDGMENT This writ petition is filed seeking a direction to the 6th respondent to measure the puramboke land on both sides of the Mundupalam Thodu vested in the Grama Panchayat and fix the extent of encroachment and remove the trespass. Learned counsel for the petitioner submits that Mundupalam Thodu having 10 meters width and 2 kilometers length is being used by the local people for transporting their goods from Ernakulam to different places. According to the petitioner, the width of the thoudu has been diminished due to the encroachment on both sides of the thodu and some portions of the thodu were reclaimed and certain persons illegally constructed boundary walls encroaching into the puramboke land, that due to the encroachment, the width of the thodu has been reduced and that free flow of water and transportation of goods through the thodu are affected adversely. -2- W.P.(C).No.17924/2011 In the facts and circumstances, this writ petition is filed seeking the reliefs mentioned above. 2. To redress the grievance of the petitioner, he submitted Ext.P1 representation through his Lawyer before the 4th respondent-Grama Panchayat. Ext.P1 representation is pending consideration before the 4th respondent-Panchayat. It is for the Panchayat to enquire about the grievance of the petitioner and pass appropriate orders on Ext.P1. In the circumstances, the writ petition is disposed of with a direction to the Panchayat Secretary to consider and pass appropriate orders on Ext.P1 representation, after affording an opportunity of being heard to the petitioner and other affected parties, if any, within a period of one month from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. kcv.