IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 26100 of 2011(J) -------------------------------------- PETITIONER: ------------------- NEPOLIAN, S/O.PETER, MALILYEKKAL, PALLIPPURAM (P.O.), MUNAMBAM, ERNAKULAM. BY ADV. SRI.LIJU. M.P. RESPONDENTS: ------------------------ 1. PALLIPPURAM GRAMA PANCHAYAT, PALLIPPURAM, CHERAI (P.O.), 683 514, ERNAKULAM, REPRESENTED BY ITS PRESIDENT, PIN - 683 514. 2. THE SECRETARY, PALLIPPURAM GRAMA PANCHAYAT, PALLIPPURAM, CHERAI P.O., 683 514, ERNAKULAM. BY ADV. SRI.T.A.SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.26100/2011-J: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1. TRUE COPY OF THE SALE DEED NO.1868/02 OF KUZHUPPILLI S.R.O.DATE 26.7.2002. EXHIBIT-P2. TRUE COPY OF THE SKETCH OF PROPERTY IN SY.NO.41/20 OF KUZHUPPILLY VILLAGE. EXHIBIT-P3. TRUE COPY OF THE NOTICE DATED 22.8.2011 ISSUED BY 2ND RESPONDENT. EXHIBIT-P4. TRUE COPY OF THE NOTICE DATED 22.9.2011 ISSUED BY 2ND RESPONDENT. EXHIBIT-P5. TRUE COPY OF THE PETITION FILEDBY PETITIONER DATED 26.9.2011 UNDER RIGHT TO INFORMATION ACT. EXHIBIT-P6. TRUE COPY OF THE REPLY NOTICE DATED 28.9.2011 SENT BY PETITIONER TO EXHIBIT-P5. EXHIBIT-P7. TRUE COPY OF THE RECEIPT DATED 28.9.2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 26100 OF 2011 ------------------------------- DATED THIS THE 25TH DAY OF NOVEMBER, 2011 JUDGMENT This writ petition is filed for a direction directing the respondents to keep in abeyance all coercive steps in furtherance to Exts.P3 and P4 and for a direction to the respondents not to take any action in furtherance to Exts.P3 and P4 without proper verification of the documents including Exts,P1 and P2 and measuring the property mentioned therein and give an opportunity of being heard to the petitioner. 2. Petitioner submits that an extent of 7 cents of land comprised in Sy.No.41/20 of Kuzhuppilli Village was purchased by the father of the petitioner by virtue of Ext.P1 sale deed, that the original owner got patta for the said property in 1960, from whom the said property was purchased by the father of the petitioner on 26/7/2002 and that the respondents issued Ext.P3 memo alleging that the petitioner has encroached the puramboke land. Petitioner -2- W.P.(C).No.26100/2011 submitted an explanation pursuant to Ext.P3 stop memo. The Panchayat again issued Ext.P4 notice stating that the explanation offered by the petitioner is not satisfactory and further directed the petitioner to produce the documents to substantiate his case. According to the petitioner, he was not given sufficient opportunity to produce the documents to prove that he has got absolute title and possession over the property by virtue of the sale deed in the name of his father. The Village Officer submitted a report stating that the petitioner occupied a portion of the river puramboke. On the basis of the report of the Village Officer, the Panchayat issued Ext.P3 directing the petitioner to vacate the property, which according to the Panchayat, is the river puramboke. Now from the materials on record, it is seen that the Panchayat has not taken any decision till date, but issued Ext.P4 notice directing the petitioner to produce the documents in support of his contentions. In the aforesaid circumstances of the case, this writ petition is disposed of directing the Panchayat to consider and pass -3- W.P.(C).No.26100/2011 appropriate orders in the matter, after affording an opportunity of hearing to the petitioner and for producing the documents to substantiate his case, within a period of three months from the date of receipt of a copy of this judgment. Petitioner is at liberty to produce the documents within a period of one month. Parties shall maintain status quo as on today till the matter is finally disposed of. HARUN-UL-RASHID, Judge. kcv.