IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 11250 of 2009(A) --------------------------------------- PETITIONER(S): ---------------------- MATHAI MATHEW, S/O.MATHAI, AGED 73 PULPRAYIL HOUSE, KOTHANALLOOR VILLAGE, MANJOOR P.O., KOTTAYAM DISTRICT. BY ADV. MR.JOHN VARGHESE MR.C.M. ABRAHAM. RESPONDENT(S): ------------------------ 1. MANJOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KURUPANTHARA P.O., KOTTAYAM DISTRICT. 2. THE VILLAGE OFFICER, KOTHANALLOOR VILLAGE, KOTTAYAM DISTRICT. 3. MR.VIJAYAN, RESIDING AT VELIMATTAM, KOTHANALLOOR VILLAGE, KOTTAYAM DISTRICT. R2 BY GOVERNMENT PLEADER MR.V. MANU. R1 BY ADV. MR.MATHEW SKARIA, MR.K.J.JOSEMON. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11250/2009-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PHOTOGRAPHS SHOWING THE ILLEGAL CONSTRUCTION MADE BY THE 3RD RESPONDENT DATED NIL. EXT.P2: COPY OF THE COMPLAINT DATED 10/02/2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE PETITION DATED 10/02/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE PETITION DATED 13/02/2009 SUBMITTED BY THE PETITIONER BEFORE THE PANCHAYATH COMMITTEE. EXT.P5: COPY OF THE APPLICATION DATED 21/03/2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE REPORT NO.107/2009. EXT.R2(b): COPY OF THE REPORT PREPARED BY THE TALUK SURVEYOR. EXT.R2(c): COPY OF THE SKETCH PREPARED BY THE TALUK SURVEYOR. EXT.R2(d): COPY OF THE REPORT OF THE SECRETARY TO THE TAHSILDAR. //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.11250 of 2009-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of September, 2009. JUDGMENT The petitioner complaints that the panchayat and revenue authorities have not taking appropriate action in relation to certain encroachment made by the third respondent, though he tries to prove such encroachment with reference to the photographs placed on record as Ext.P1. This Court had directed the official respondents to place materials on record. Accordingly, it is reported by the Village Officer that there is encroachment. It is submitted that the Village Officer has forwarded the report to the Panchayat Secretary and it will be now for that authority to take appropriate action. Hence, without expressing anything on the exact nature or extent of encroachment, this writ WP(C)11250/09 -: 2 :- petition is ordered directing that the official respondents shall do the needful in terms of law at the earliest. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/090909