IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 4684 of 2008(G) ------------------------- PETITIONERS: ------------ 1. MINI JOSEPH, AGED 34, W/O.JOSEPH, KANIYAPURAM HOUSE, MULAVUKADU VILLAGE, P.O.MULAVUKAD, PONNARIMANGALAM, ERNAKULAM DISTRICT 2. K.A.JOSEPH, AGED 43, S/O. ANTONY, MANAGING DIRECTOR, AISWARYA MARINE PVT. LTD., KANIYAPURAM HOUSE, MULAVUKADU VILLAGE, P.O.MULAVUKAD, PONNARIMANGALAM, ERNAKULAM DISTRICT BY ADV. SRI.SHAJI JOSEPH RESPONDENTS: ------------- 1. ERNAKULAM DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 2. SPECIAL TAHSILDAR, SPECIAL TAHSILDAR OFFICE, ELOOR, OPP: T.C.C COMPANY, ELOOR P.O. 3. KADAMAKUDY GRAMA PANCHAYATH OFFICE, KADAMAKUDY, PIZHALA P.O., REPRESENTED BY SPECIAL GRADE SECRETARY, PIN: 682 027. 4. VILLAGE OFFICER, KADAMAKUDY, KADAMAKUDY P.O., ERNAKULAM DISTRICT. 5. THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 6. THE FEDERAL BANK LIMITED, REGISTERED OFFICE, ALUVA, AROOR BRANCH, REPRESENTED BY ITS MANAGER. WPC 4684/08 7. STATE BANK OF TRAVANCORE, PANAMPILLY NAGAR BRANCH, PIN 682036, REPRESENTED BY ITS MANAGER. R1,R2,R4 & R5 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR R6 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) R7 BY ADV.MR.SATHISH NINAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.4684 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 8th February, 2008 JUDGMENT Not admitted. Adv.Mr.Sathish Ninan,Standing Counsel takes notice on behalf of the 7th respondent. Adv.Mr.George Varghese (Manachirackel), Standing Counsel takes notice on behalf of the 6th respondent. Mr.K.J.Mohammed Anzar, Government Pleader takes notice on behalf of respondents 1, 2, 4 and 5. In the nature of the orders which are being passed, it is not necessary to issue notice to the third respondent-Panchayat. The petitioners challenge Ext.P2 notice of the Panchayat directing the petitioners to surrender 16.30 Ares of Panchayat puramboke allegedly trespassed upon by the petitioners. To Ext.P2, the 1st petitioner submitted Ext.P3 reply. Apart from that, the petitioners submitted Ext.P5 before the District Collector also. I am of the view that the issue should receive the attention of the Panchayat itself in the first instance. Under these circumstances, I dispose of the Writ Petition directing the third respondent-Panchayat to take up Ext.P2 in the light of Ext.P3 reply submitted by the 1st petitioner, hear the petitioners and take a decision as to whether the proceedings for eviction initiated should continue. Decision as directed above will be taken at the earliest and W.P.C.No.4684/08 - 2 - at any rate within one month of receiving a copy of this judgment. It is open to the petitioners to urge all available grounds before the Panchayat including the ground that the District Collector has already been moved by Ext.P5. Considering the above directions, there will be a further direction to the Panchayat not to evict the petitioners from their properties which are seen in their possession for a period of five weeks. srd PIUS C.KURIAKOSE, JUDGE