IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 27012 of 2005(N) ----------------------------------------- PETITIONER: -------------------- ROSAMMA, AGED 46 YEARS, W/O. MATHAI, PADINJAREMURUPPEL VEEDU, MALLESSERY P.O., LAKKOOR. BY ADV. SRI.GIBI.C.GEORGE RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. R.D.O. ADOOR. 3. TAHSILDAR, KOZHENCHERRY. 4. PRAMADOM PANCHAYAT, REPRESENTED BY ITS SECRETARY, PRAMADOM. 5. K.A. SAMUEL, KARACKATTETHU VEEDU, PRAMADOM MURI AND VILLAGE. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR K.J. ADV. SRI.O.RAMACHANDRAN NAMBIAR FOR R5 SRI.GEEN T.MATHEW FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27012/2005 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF COMMUNICATION DTD. 01/12/04 TO THE 2ND RESPONDENT TO 3RD RESPONDENT. EXT.P2: COPY OF THE ORDER DTD. 16/07/05 DISMISSING I.A.767/2005. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO HON'BLE MINISTER FOR REVENUE. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO 2ND RESPONDENT DD. 08/08/2005. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO 4TH RESPONDENT DTD. 02/09/05. RESPONDENT'S EXHIBITS: EXT.R5(1): COPY OF ORDER NO.2162/05 DTD. 23/11/05 PASSED BY THE PATHANAMTHITTA SURVEY RANGE ASSISTANT DIRECTOR. EXT.R5(2): COPY OF TAX RECEIPT DTD. 12/12/05 PAID BY PARAMESWARAN NAIR. EXT.R5(3): COPY OF AGREEMENT DEED DTD. 14/12/05. EXT.R5(4): COPY OF TAX RECEIPT DTD. 23/12/05. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.27012 OF 2005 --------------------------------------- Dated this the 25th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents 1 to 4 to take immediate proper action to remove the encroachment made by the 5th respondent in the Poramboke land lying in between Poomkavu-Kanjirapara Panchayat road and the petitioner's property in resurvey No.76/8 of Pramadom Village. In case the petitioner has still any dispute with regard to the facts as stated in the counter affidavit, the remedy open to the petitioner is to approach the Civil Court. Without prejudice to such liberty, this writ petition is dismissed. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 27012 OF 2005 J U D G M E N T 25.07.2008