IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 2579 of 2008(F) ------------------------- PETITIONER: ------------ 1. AMBIKA,AGED 42 YEARS,W/O.RAJU,LAKSHAM VEEDU, NO.4, R.K.BHAVANAM, NJAKANAL PO,OCHIRA, KOLLAM. 2. SHAMALA,AGED 40 YEARS,W/O.YESODARAN' LAKSHAM VEEDU, NO.4, R.K.BHAVANAM, NJAKANAL PO,OCHIRA,KOLLAM. BY ADV. SRI.T.N.SURESH SRI.ROY THOMAS RESPONDENTS: ------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY LOCAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR KOLLAM. 3. OCHARA GRAMA PANCHAYAT REP. BY ITS SECRETARY, OCHIRA PO KOLLAM. 4. SIVANANDAN, AGED 60 YEARS S/O.NEELAKANDAN, SURESH BHAVANAM HOUSE NJAKANAL P.O., 690 5333, OCHIRA,KOLLAM. BY GOVT. PLEADER MR. K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 2579 OF 2008 ----------------------------------------------- DATED THIS THE 22nd JANUARY, 2008 J U D G M E N T I do not propose to go into the merits of the grounds raised in the writ petition. But the allegation of the petitioners is that the 4th respondent who is the branch Secretary of CPI(M) Njakanal Branch has encroached upon Panchayath puramboke land, i.e.pathway which was being used by the petitioners and others for ingress and egress to their residence and that on account of political clout which the 4th respondent is the local leader of CPI(M) is having with the third respondent ruled by the same party, the Panchayath is not taking any action . Exts.P1 to P3 representations have been submitted by the petitioners seeking a direction to the 2nd respondent to take immediate action for abating what is described as illegal encroachment by the 4th respondent on a Panchayath way. The Panchayath is directed to take up Exts.P1 to P3 immediately and dispose of the same ignoring the political affiliations of the parties concerned and take a correct decision. The decision as directed above will be taken at the earliest, at any rate within six weeks from the date of receipt of a copy of this judgment. Before final orders are passed on Ext.P3, the Panchayath will hear the petitioners as well as 4th respondent. (PIUS C.KURIAKOSE, JUDGE) ks.