IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 3048 of 2011(E) ------------------------- PETITIONER: --------------- RADHAKRISHNAN, S/O.LATE KUNJAYI, AGED 62 YEARS, MANNAZHIKALAM, PAZHAMBALAKODE, AMSOM DESOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT: -------------------- THE DEPUTY DIRECTOR OF PANCHAYAT, CIVIL STATION, PALAKKAD-678 005. BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 3048 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of March, 2011 J U D G M E N T This writ petition has been filed mainly with a prayer to direct the respondent to re-hear the petitioner and pass orders on Ext.P4 within a time limit fixed by this court. The petitioner claims right, title and interest over the property covered as per Ext.P1. According to him, the way leading to the said property covered as per Ext.P1 is having a width of 200 meters in length. The contention of the petitioner is that on account of some mistake crept in while preparing the re- survey records the said item of property has been described as B Puramboke land. Earlier, he approached the Munsiff's Court, Alathur and filed O.S No.24/2010 and the said suit was still pending. The contention of the petitioner is that pending the suit, member of the Grama Panchayat from Ward No.1 and attempted to clear the way leading to the petitioner's property. The further contention is that the works done for that behalf was unauthorized and according to him public money is being wasted for such unauthorized works and WPC.3048/2011 : 2 : therefore, that matter is to be enquired into. For that purpose he submitted Ext.P4. If the petitioner has a case that the Panchayat has illegally encroached into his property, it is up to the petitioner to approach the competent civil court. Evidently, the petitioner has already approached the civil court by filing O.S No.24/2010. It is not evident as to what exactly is the relief sought for in the said original suit. Whatever that be, if the petitioner contends that the action on the part of the Panchayat in doing works in the property in question is unauthorised and amounts to illegal encroachment he has to work out remedies in accordance with law. The prayers sought for in this writ petition cannot be granted at all. This writ petition is liable to be failed and accordingly, it is dismissed. It is made clear that dismissal of this writ petition will not stand in the way of the petitioner in establishing his civil rights, if any, in appropriate civil proceedings. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge WPC.3048/2011 : 3 :