IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 2081 of 2010(I) ------------------------------ PETITIONER: -------------- MUBARAK CHARITABLE SOCIETY(REGISTRATION NO.K/11/04, P.O.KANAMALA, ERUMELI, KOTTAYAM DISTRICT REPRESENTED BY PRESIDENT ABDUL KARIM MOULAVI. BY MR.V.A.MUHAMMED, ADVOCATE. MR.M.SAJJAD, ADVOCATE. RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM. 2. THE TAHSILDAR, KANJIRAPPALLY TALUK, PO.KANJIRAPPALLY, KOTTAYAM DISTRICT. 3. SRI.ABI JOSE, NELLOLI POIKAYIL PO, KANAMALA, ERUMELI, KOTTAYAM DISTRICT. 4. THE REGISTRAR, KERALA LOK AYUKTHA, THIRUVANANTHAPURAM. 5. THE SECRETARY ERUMELI GRAMA PANCHAYAT, ERUMELI, KOTTAYAM DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ERUMELI, KOTTAYAM DISTRICT. BY MR.P.N.SANTHOSH, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.2081 OF 2010 --------------------------------------- Dated this the 21st day of January, 2010. J U D G M E N T The petitioner herein is the complainant before the Kerala Lok Ayuktha. The main complaint raised by the petitioner is that the 3rd respondent is encroaching upon the Erumeli-Pampa State Highway via. Mukkuttuthara which passes through Kanimala. It is stated that the 3rd respondent with the connivance of respondents 1 and 2 encroached upon the road upto the width of three meters and constructed a retaining wall. Exhibit P1 is the said complaint. 2. After hearing the parties, the Lok Ayuktha passed a final order as per Exhibit P6. It has been found by the Lok Ayuktha that in the light of the survey sketch produced by the District Survey Superintendent showing that the property of the 3rd respondent is demarcated, no action can be taken in the matter. The petitioner contends for the position that going by paragraph 3(a) of Exhibit P5, it can be seen that there is W.P.(C) No.2081/2010 2 encroachment to the road. As the Lok Ayuktha has entered findings on the issue raised before it in terms of the materials produced, it cannot be said that the order is vitiated by any irregularities or illegalities. Apart from that, I am not satisfied that in a matter like this, the petitioner could have approached the Lok Ayuktha for an order. Ultimately, if there is an allegation regarding encroachment of Government land, it is upto the petitioner to approach the statutory authority under the Land Conservancy Act. In that event the said authority is empowered to pass an order after due enquiry with notice to the necessary parties. Leaving open the remedy of the petitioner to approach statutory authorities, this writ petition is dismissed. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp