IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 28134 of 2005(Y) -------------------------------------- PETITIONER: ------------------ JACOB GEORGE, EDAKKUNNIL HOUSE, KEERUKUZHI POST, PANDALAM THEKKEKARA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.P.K.VIJAYAMOHANAN SMT.A.KUMARI MINI RESPONDENTS: ----------------------- 1. THE STATE OF KERALA - REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATS, PATHANAMTHITTA. 3. THE PANDALAM THEKKEKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY THATTAYIL P.O., PATHANAMTHITTA DISTRICT. 4. SRI. IDICHERIYA KOSHY, VADAKKE THAZHETHIL THUNDATHIL HOUSE, THUMPAMON P.O., PANDALAM, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER SRI.P.A.SALIM - R1 & R2 ADV. SRI.S.P.ARAVINDAKSHAN PILLAY - R3 SRI.K.A.BALAN - R3 SRI.M.K.PRADEEPKUMAR - R3 SRI.PETER JOSE CHRISTO - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).28134/2005-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DATED 18/03/2005 ISSUED BY THE VILLAGE OFFICER, PANDALAM THEKKEDARA VILLAGE. EXT.P2: COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE EXECUTIVE AUTHORITY OF THE PANCHAYAT DATED 24/03/76. EXT.P3: COPY OF THE JUDGMENT DATED 16/09/2003 IN O.S. NO.211/1993. EXT.P4: COPY OF THE REPRESENTATION DATED 21/06/2005 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE NOTICE NO.G1.3963/05 DATED 30/07/2005 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE COMPLAINT SUBMITTED TO THE BAR COUNCIL OF KERALA DATED 17/10/2005. // TRUE COPY // P.A. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.28134 of 2005-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2008. JUDGMENT The petitioner was a Member of the third respondent Panchayat. Aggrieved by the inaction on the part of respondents 1 to 3 to take action to preserve 50 cents of landed property in R.S.No.202/12, Block No.6 of Pandalam Thekkekara Village, this writ petition was filed. It is pointed out that a market is being conducted by the Panchayat in the above said land. It appears that the 4th respondent had filed a civil suit against the Panchayat claiming title over the property which was decreed ex-parte. The petitioner alleges collusion between the Panchayat and the 4th respondent and it is alleged that no proper steps were taken to get the ex-parte decree vacated. 2. The Panchayat has filed a counter affidavit wherein it is averred that there is no collusion between the Panchayat and the 4th respondent. After changing their counsel, the Panchayat has filed an application to set aside the ex-parte decree and later they have filed C.M.A. No.41/2005 before the District Court, Pathanamthitta which has been admitted and is pending. It is assured that the Panchayat will take all steps to preserve the property which is vested in them. WPC 28134/2005 -2- 3. Since the Panchayat has averred that they are taking effective steps to preserve the property, the grievance of the petitioner in that regard has been redressed. Therefore, recording the same, the writ petition is closed. (T.R. Ramachandran Nair, Judge.) kav/