IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 30760 of 2008(J) ----------------------------------- PETITIONER: ------------------ K.R.CHANDRANGADAN, VAYALIL VEEDU, ANCHUTHENGU, ANCHUTHENGU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.R.RAJESH SMT.A.K.PREETHA RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT , SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 4. THE TAHSILDAR/EXECUTIVE MAGISTRATE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. 5. ANCHUTHENGU GRAMA PANCHAYAT, REP. BY ITS SECRETARY, ANCHUTHENGU, THIRUVANANTHAPURAM. 6. SECRETARY, ANCHUTHENGU GRAMA PANCHAYATH, ANCHUTHENGU, THIRUVANANTHAPURAM. 7. REETHA ANTONY, W/O ANTONY, MALIKA VEEDU, NEAR MEERAMKADAVU BRIDGE, ANCHUTHENGU P.O., THIRUVANANTAPURAM. 8. SIVADASAN, VADAYIL VEEDU, ANCHUTHENGU P.O., THIRUVANANTHAPURAM. 9. EDWARD, PROPRIETOR, BOATYARD, NEAR MADAVA BRIDGE, ANCHUTHENGU P.O., THIRUVANANTHAPURAM. WP(C) NO. 30760/2008 2 10. STANLY, S/O. O.K.PASSU, VAIKUNDA MANDIRAM, ANCHUTHENGU P.O., THIRUVANANTHAPURAM. R1-R4 BY GOVT.PLEADER SRI.P.NARAYANAN R2 BY ADV. SRI.VAKKOM N.VIJAYAN FOR R5 SMT.V.RENJU SRI.P.ANIYAN SMT.REENA.C.STEPHENSON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 30760/2008 PETITIONER'S EXHIBITS : EXT.P1 COPY OF THE PETITION DT. 6-2-07 FILED BY PETITIONER BEFORE R2. EXT.P2 COPY OF THE PETITION DT.8-3-07 FILED BY PETITIONER BEFORE R2. EXT.P3 COPY OF THE INTIMATION RECEIVED FROM CHIEF MINISTER'S OFFICER DT. 21-4-2007. EXT.P4 COPY OF THE COMMUNICATION NO.S10-19308/07 DT. 13-4-2007 ISSUED BY STATE PUBLIC INFORMATION OFFICER. EXT.P5 COPY OF THE PETITION DT. 8-5-2007 FILED BY PETITIONER BEFORE R6. EXT.P6 COPY OF THE PETITION DT. 15-6-07 FILED BY PETITIONER BEFORE R6. EXT.P7 COPY OF THE POSTAL ACKNOWLEDGEMENT CARD DT. 18-6-2007. EXT.P8 COPY OF THE COMPLAINT DT.20-5-2007 FILED BY PETITIONER BEFORE R4. EXT.P9 COPY OF THE ACKNOWLEDGEMENT CARD. EXT.P10 COPY OF THE LETTER NO.20309/07/F DT.7-11-2007 OF PUBLIC INFORMATION OFFICER OF R3. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / PA TO JUDGE V.GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 30760 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2009 J U D G M E N T Petitioner is a resident of Ward No. 6 of Anchuthengu Grama Panchayath. There is a small thodu having length of approximately 1km and stated to have a width of 3 meters running near the petitioner’s property. 2. Aggrieved that respondents 7 to 10 have illegally encroached upon the ‘thodu’ and annexed portions of the same to their property which, in turn, has resulted in inundation of petitioner’s property. He filed Ext P1 complaint before the District Collector. The petitioner then approached the fifth respondent, Panchayath requiring the Panchayath to take action. Ext.P8 complaint has been filed before the Thahsildar also. This writ petition has been filed praying for a direction to Thahsildar to take action and remove the encroachment onto the public ‘thodu’. 3. A counter affidavit has been filed by 5th and 6th WPC.No. 30760 OF 2008 : 2 : respondents. The Panchayath has no objection to the Revenue Authority taking appropriate action for restoration of the original width of the ‘thodu’. 4. I heard the learned Government Pleader also. He affirms that steps will be taken to see that the width of the ‘thodu’ is not reduced. In the result, the writ petition is disposed of directing the 4th respondent take up Ext.P8 and proceed with the same in accordance with law. If the allegations are found to be correct then the RDO shall proceed to take action thereon. This shall be done within two months from the date of receipt of a copy of the judgment. If the RDO finds that the public ‘thodu’ has been encroached, after considering the report submitted in this regard, then the RDO shall pass a conditional order under Sec.133 of the Cr.P.C. and then pass a final order under Sec.138 of the same, after hearing the persons who have encroached onto the public thodu. This shall be done within three months from date of receipt of a copy of the judgment (V.GIRI, JUDGE) jma