IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 33079 of 2011(S) -------------------------- PETITIONER: -------------- PRADEEP.S., DEVI VILASOM, MELAMCODE, VELLANADU P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.BENNY GERVACIS RESPONDENTS: ----------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-6950 01. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-6950 01. 3. THE TAHSILDAR, NEDUMANGADU TALUK OFFICE, NEDUMANGADU, THIRUVANANTHAPURAM-695 541. 4. THE VELLANAD GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, VELLANAD GRAMA PANCHAYAT, PIN 695 543. 5. THE VELLANAD SREE BHAGAVATHY TEMPLE TRUST COMMITTEE REPRESENTED BY THE SECRETARY, VELLANAD SREE BHAGAVATHY TEMPLE TRUST COMMITTEE, VELLANAD, PIN 695 543. R1 TO R3 BY SRI.VIJAYARAGHAVAN, STATE ATTORNEY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33079 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1. TRUE COPY OF THE SKETCH OF VELLANAD TOWN. EXHIBIT-P2. TRUE COPY OF THE NEWS ITEM IN THE NEW INDIAN EXPRESS DATED 9.6.2011. EXHIBIT-P3. TRUE COPY OF THE PHOTOGRAPHS. EXHIBIT-P4. TRUE COPY OF THE NOTICE DATED 13.10.2011 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P4(a).TRUE COPY OF THE TRANSLATION OF THE NOTICE DATED 13.10.2011 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P5. TRUE COPY OF THE ORDER DATED 29.9.2009 ISSUED BY HON'BLE SUPREME COURT S.L.P.(CIVIL) NO.8519/2006. EXHIBIT-P6. TRUE COPY OF THE PETITION DATED 07.11.2011 FILED BEFORE THE 1ST RESPONDENT. /TRUE COPY/ PA TO JUDGE Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33079 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of December, 2011 JUDGMENT Manjula Chellur, Ag. C.J. The petitioner is before this Court espousing the public cause contending that the 5th respondent/private respondent is encroaching upon the Government land used as public road by putting up steps in the land which results in obstruction to traffic . 2. Mr.P.Vijayaraghavan, State Attorney, submits that the 3rd respondent has directed the 5th respondent to remove the alleged unauthorised construction and against such direction, an appeal is also filed by the 5th respondent, pending consideration before the concerned authority. 3. In that view of the matter, as the parties concerned have already initiated action for removing all alleged obstruction caused by the 5th respondent, we do not find any reason to keep the matter pending. We also make it clear that the appellate authority while considering the appeal should take into consideration the W.P.(C) No. 33079 of 2011 -:2:- law laid down by the Apex Court in Union of India v. State of Gujarat & others [Special Leave to Appeal(Civil) No.8519 of 2006 dated 29.09.2009] and Jagpal Singh & others v. State of Punjab & others [2011 (1) ILR 491]. Accordingly, the Writ Petition is disposed of. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb