IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 16899 of 2005(J) ------------------------------------- PETITIONER(S): ------------------------ PAINKULAM CENTRE VIKASANA COMMITTEE, REPRESENTED BY ITS CONVENOR K.P. VENUBALAN, KILIAMPARAMBIL, PAINKULAM P.O., VADAKKANCHERRY, TRICHUR. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): ------------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, CIP SUB DIVISION, PAZHAYANNOOR. 2. THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT, TRICHUR. 3. PANJAL GRAMA PANCHAYAT, PANJAL P.O., TRICHUR, REPRESENTED BY ITS SECRETARY. 4. THE REVENUE DIVISIONAL OFFICER, (SUB DIVISIONAL MAGISTRATE), TRICHUR. BY GOVERNMENT PLEADER SRI.M.R.SABU ADV. SRI.T.M.CHANDRAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16899 of 2005(J) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF COMPLAINT DT. 9.12.2002 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF ACKNOWLEDGEMENT CARD SHOWING RECEIPT OF EXT.P1 BY THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF COMPLAINT DT. 20.12.2003 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF COMPLAINT DT. 13.3.2003 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5: TRUE COPY OF REPLY DT. 5.7.2003 GIVEN BY THE 1ST RESPONDENT BEFORE THE HUMAN RIGHTS COMMISSION. EXT.P6: TRUE COPY OF REPLY DT. NIL GIVEN BY THE 3RD RESPONDENT BEFORE THE HUMAN RIGHTS COMMISSION. EXT.P7: TRUE COPY OF JUDGMENT DT.23.1.2004 IN W.P NO.2490/2004 OF THIS HON'BLE COURT. EXT.P8: TRUE COPY OF PROCEEDING NO.A1/6194/04, DT. 18.9.2004 OF THE 4TH RESPONDENT. EXT.P9: TRUE COPY OF REPRESENTATION DT. 8.2.2005 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE P.R.RAMACHANDRA MENON, J. --------------------------------------------- W.P.(C). NO.16899 OF 2005 ---------------------------------------------- Dated this the 2nd day of September, 2011. JUDGMENT The petitioner has approached this Court with the following prayers: “i) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding respmdents 3 and 4 to take immediate action to remove the encroachment made by the side of the well belonging to the 3rd respondent, Panjal Grama Panchayat; ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 3 and 4 to take permanent steps to see that encroachers, who are evicted do not again encroach upon the very same property without permission and if necessary launch prosecution;” The learned counsel appearing for the third respondent Panchayat submits that, the encroachers have already been evicted from the Panchayat property. With regard to the remaining relief sought for, there is no representation for the petitioner and hence the matter cannot be adjudicated on merit. This writ petition is dismissed for non prosecution. P.R.RAMACHANDRA MENON, JUDGE. mns