IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 2261 of 2007(T) ------------------------- PETITIONER(S): --------------- T.K. MUHAMMED ALI, S/O.LATE T.K. SAINUDHEEN, THONIKKADAVIL HOUSE, OLD COURT ROAD, UMIKKUNNU. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PATTAMBI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY. 3. AMINA, W/O.MOOSA, THIRUTHIL VEEDU, UMIKKUNNU P.O., PATTAMBI. 4. MOOSA, THIRUTHIL VEEDU, UMIKKUNNU P.O., PATTAMBI. 5. S.I. OF POLICE, PATTAMBI. BY GOVT. PLEADER SRI. DILEEP MOHAN ADV. SRI.E.R.VENKATESWARAN - R3 ADV. SRI. SANDEEP ANKARATH - R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dl ANTONY DOMINIC, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). NO: 2261 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th Day of September, 2009. JUDGMENT This writ petition is filed on the allegation that the third and fourth respondents are encroaching upon the Unnikunnu - Cholakulam road and trying to construct a compound wall resulting in reduction in the width of the road. The petitioners submit that they haD complained about the aforesaid acts on the part of the respondents 3 and 4, by filing Ext.P1 before the second respondent. The learned Government Pleader submits that the authorities have not received Ext.P1. It is stated that even in spite of it, they have made certain enquiries, but however, having regard to the order dated 19.1.07 passed by this court, directing the parties to maintain status quo, no further action has been initiated. W.P.(C) NO: 2261OF 2007 :2: 2. If, as stated by the petitioner, any encroachment has been committed by the respondents 3 and 4, even in the absence of petitioner's petition, the authorities are obliged to take appropriate action in this regard. 3. Therefore, the writ petition is closed leaving it open to the authorities concerned to enquire into the allegation of encroachment by the respondents 3 and 4 and take action, in case in the enquiry the allegations are found to be correct. ANTONY DOMINIC, JUDGE dl/