IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 22281 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. PARAMESWARAN, AGED 61 YEARS, S/O. KAMALAMMA, SUSMITHA NIVAS, PENGOD.P.O.,PUTHUKKOD,ERNADU TALUK, MALAPPURAM. 2. THENNAT JANARDHANAN, AGED 65 YEARS, S/O. LAKSHMI AMMA, PENGOD.P.O.,PUTHUKKOD,ERNADU TALUK, MALAPPURAM. 3. KULATHIL SUHARA, AGED 40 YEARS, W/O. MUHAMMED, PENGOD.P.O.,PUTHUKKOD,ERNADU TALUK, MALAPPURAM. 4. RAVEENDRAN NAIR, AGED 50 YEARS, S/O. KAMALAMMA,VADAKKEMADATHIL, PENGOD.P.O.,PUTHUKKOD,ERNADU TALUK, MALAPPURAM. 5. P.C.LOHITHAKSHAN, AGED 60 YEARS, S/O. CHINNAPPAN, PALASSERY, PENGOD.P.O.,PUTHUKKOD,ERNADU TALUK, MALAPPURAM. 6. YESODHARA, AGED 61 YEARS, W/O. LATE BASKARAN NAIR, THENNAT, PENGOD.P.O.,PUTHUKKOD,ERNADU TALUK, MALAPPURAM. 7. CHEKKUTTY, AGED 60 YEARS S/O. MOIDHEEN KUTTY, DEVASWATHIL, PENGOD.P.O.,PUTHUKKOD,ERNADU TALUK, MALAPPURAM. 8. SREENIVASAN.P.C.,AGED 56 YEARS, S/O. CHINNAPPAN, PALASSERY, PENGOD.P.O.,PUTHUKKOD,ERNADU TALUK, MALAPPURAM. BY ADV. SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR RESPONDENT(S): --------------- 1. THE SECRETARY, CHERUKAVU GRAMA PANCHAYATH, MALAPPURAM DISTRICT. WP(C).No. 22281 of 2010 -2- 2. THE EXECUTIVE ENGINEER, PWD ROADS, MANJERI, MALAPPURAM DISTRICT. 3. THE TAHSILDAR, ERANAD TALUK, MANJERI 4. THE DISTRICT COLLECTOR, MALAPPURAM. 5. THE VILLAGE OFFICER, CHERUKAVU VILLAGE, ERANAD TALUK, MALAPPURAM DISTRICT. SR GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22281 of 2010 APPENDIX EXHIBITS EXT.P1- A TRUE COPY OF THE LIST OF ENCROACHERS ISSUED BY THE 3RD RESPONDENT EXT.P2- A TRUE COPY OF THE NOTICE DATED 23.1.2009 OF THE 3RD RESPONDENT ISSUED TO THE 1ST PETITIONER EXT.P3- A TRUE COPY OF THE EXPLANATION DATED 18.2.2009 GIVEN BY THE 1ST PETITIONER EXT.P4- THE TRUE PHOTOGRAPHS SHOWING THE COMPOUND WALLS AND GATE OF PETITIONERS 2, 3 AND 8 THREATENED TO DEMOLISH (True copy) P.A. To Judge ANTONY DOMINIC, J .......................................... W.P.(C). 22281/2010 .......................................... Dated this the 21st day of July, 2011 JUDGMENT 1.Petitioners are occupants of landed properties on either side of Pengad - Alungal road in Cherukavu Grama Panchayat of Ernadu Taluk in Malappuram District. A project for the development of the aforesaid road is under implementation. 2.It is stated that on the basis of a field survey and re-fixation of boundary, respondents have prepared a list of 26 encroachers, a copy of which is Ext.P1. The petitioners herein are also included in the said list and Ext.P2, and P5 to P9 are some of the notices which have been issued to the petitioners, calling upon them to vacate the premises and these notices have been issued invoking the power of the respondents under the provisions of Kerala Land Conservancy Act. The learned counsel for the petitioners submit that on receipt of the notices all the petitioners have filed their reply and that the matter is pending before the third respondent. W.P.(C).22281/10 2 3.In this writ petition what they complain is that on the ground of pendency of such proceedings, the third respondent is refusing to accept the tax in respect of the properties in their occupation. It is with this grievance and seeking appropriate orders for acceptance of tax, the writ petition is filed. 4.As already seen, the allegation, on the basis of which notices under the Act have been issued to the petitioners, is that they are the unauthorized occupants in the Puramboke land. When such proceedings are pending and in the nature of the allegations that are levelled against them, this Court will be too unrealistic to expect the respondents to accept the tax from the petitioners. Therefore, at this stage, I am not persuaded to issue any direction as sought for by the petitioners. 5.Be that as it may, the uncertainty prevailing on account of the pendency of the proceedings have to be given attention. Therefore, I dispose of this writ petition directing that the third respondent, who issued notices as mentioned above, shall W.P.(C).22281/10 3 finalize the proceedings with notice to the petitioners and pass final orders in the matter. This the third respondent shall do as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment, along with a copy of the writ petition. 6.It is directed that depending upon the orders to be passed by the third respondent, a decision on the request of the petitioners for acceptance of tax from them shall also be taken. ANTONY DOMINIC, Judge mrcs