IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 1243 of 2010(E) ------------------------- PETITIONER(S): --------------- 1. SHABANATH BEEGAM, AGED 37 YEARS, W/O.SHEIK RAJA HUSSEIN, CHENOTH PARAMBU (H) THEKKUMKARA, PANANGATTUKARA P.O., VADAKKANCHERY VIA, TRICHUR DISTRICT. 2. P.A.NASEER, AGED 42 YEARS, W/O.SHEIK AMEER SAHIB, CHENOTH PARAMBU (H) THEKKUMKARA, PANANGATTUKARA P.O., VADAKKANCHERY VIA, TRICHUR DISTRICT. BY ADV. SRI.JESWIN P.VARGHESE SMT.V.H.HASSINA BEEVI RESPONDENT(S): --------------- 1. THEKKUMKARA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, THEKKUMKARA P.O., TRICHUR DISTRICT PIN-680 608. 2. THE TALUK SURVEYOR, THALAPPILLY TALUK, VADAKKANCHERY VIA, TRICHUR DISTRICT. 3. THE VILLAGE OFFICER, THEKKUMKARA, VADAKKANCHERY VIA, TRICHUR DISTRICT PIN 680 608. 4. MUHAMMED SHERIFF, MANAGER, MND L.P. SCHOOL, THEKKUMKARA, PANANGATTUKARA P.O., VADAKKANCHERY VIA, TRICHUR DISTRICT PIN 680623. 5. NOORJAHAN MUSTAFA, AGED 65 YEARS, W/O.MUSTAFA, KURUPPUKULAMBIL (H), THEKKUMKARA, PANANGATTUKARA P.O., VADAKKANCHERRY VIA, TRICHUR DISTRICT, PIN 680 623. 6. SHEIK HYDER, AGED 42 YEARS, KURUPPUKULAMBIL HOUSE, THEKKUMKARA, PANANGATTUKARA P.O., VADAKKANCHERY VIA, TRICHUR DISTRICT , PIN 680 623. WPC NO.1243/2010 7. FAKKIR JAAN, AGED 70 YEARS, S/O.BAAJI SAHIB, KURUPPUKULAMBIL (H) THEKKUMKARA,PANANGATTUKARA P.O.,VADAKKANCHERY VIA, TRICHUR DISTRICT , PIN 680 623. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.1243 of 2010 (E) --------------------------------- Dated, this the 14th day of January, 2010 J U D G M E N T Considering the limited nature of the relief that is sought for, I do not think it necessary to issue notice to respondents 1, and 4 to 7. 2. Exts.P2 & P3 were issued by the Village Officer and the 1st respondent Panchayat respectively, prohibiting the petitioners from continuing the fencing work on the allegation that it was done by them trespassing into puramboke property. According to the petitioners, on receipt of these orders, Ext.P4 application was made to the Village Officer requesting for survey and demarcation of the property. They were later informed by the Village Officer by Ext.P5 that the application for survey has been forwarded to the 2nd respondent. The petitioners' complaint is that despite Ext.P4 made by them as early as on 08/09/2009, so far there has not been any progress on the application for survey of the property. 3. As stated above, it is evident from Ext.P5 that the Village WP(C) No.1243/2010 -2- Officer has forwarded the application made by the petitioners to the 2nd respondent for necessary action, where, according to the petitioners, the application is pending. 4. In the light of the above, I direct the 2nd respondent to take necessary action on Ext.P4 application made by the petitioners for surveying the property mentioned therein. This shall be done as expeditiously as possible, at any rate, within four weeks of receipt of a copy of this judgment. It is made clear that this Court has only directed to survey the property and has not dealt with the claim of the petitioners that they have not trespassed into puramboke land or the claim of the respondents that the petitioners have trespassed into their property, which are matters for the Civil Court to decide. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg