IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 22155 of 2006(K) --------------------------------------- PETITIONER: ----------------- MATHEW LESSLEY, AGED 53 YEARS, S/O.GEORGE, KADAVIPPARAMBIL HOUSE, KUMBALANGI VILLAGE, KOCHI TALUK, KANDAKKADAVU PO, ERNAKULAM DISTRICT. BY ADV. SRI.K.J.ALPHONS KANNANTHANAM RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 2. CHELLANAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY. 3. K.X.JOHN, AGED 57 YEARS, S/O.XAVIOR, KALIPPARAMBIL HOUSE, NORTH CHELLANAM P.O., KOCHI. * ADDL. R4 & R5 IMPLEADED ADDL. R4: BIJU, S/O.K.X.JOHN, AGED 57 YEARS, S/O.XAVIOR, KALIPPARAMBIL HOUSE, NORTH CHELLANAM.P.O., KOCHI. ADDL. R5: K.X.JOLLY, S/O.K.X.JOHN, AGED 57 YEARS, S/O.XAVIOR, KALIPPARAMBIL HOUSE, NORTH CHELLANAM.P.O., KOCHI. * ARE IMPLEADED AS ADDL. RESPONDENTS 4 AND 5 AS PER ORDER DATED 20/10/2006 IN I.A.14726/06. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 ADV. SRI.DINESH R.SHENOY FOR R2 SRI.S.JAMAL FOR R3 SRI.SREEVALSAN.V FOR R3 SRI.BIMAL K.NATH FOR R3 SRI.VADAKARA V.V.N.MENON FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 22155 of 2006 ----------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT The writ petition is filed with the following prayer:- (i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to take appropriate action against the illegal encroachment committed by the 3rd respondent. It is seen that Ext.P4 representation is pending before the second respondent. Therefore, there will be a direction to the second respondent to take appropriate action in accordance with law on Ext.P4 with notice to the petitioner and respondents 3 to 5 within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.22155 of 2006 ----------------------------------- JUDGMENT 24th September, 2008