IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 11569 of 2010(U) -------------------------- PETITIONER: --------------- ANOOP.C.P., S/O.PRABALACHANDRAN, CHIRALAYATHNJALIL HOUSE, CHOWANNUR, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- 1. THE DIRECTOR, MUNICIPAL DIRECTORATE, THIRUVANANTHAPURAM. 2. KUNNAMKULAM MUNICIPALITY, KUNNAMKULAM, REPRESENTED BY ITS SECRETARY. 3. KUNNAMKULAM MUNCIPAL COUNCIL, KUNNAMKULAM, REPRESENTED BY ITS CHAIRMAN. 4. TALUK TAHSILDAR, TALAPPILLY TALUK OFFICE, WADAKKANCHERRY, THRISSUR DISTRICT. 5. TALUK SURVEYOR, TALAPPILLY TALUK OFFICE, WADAKKANCHERRY, THRISSUR DISTRICT. ADV.SHRI GRACIOUS KURIAKOSE FOR R2 & R3 GOVERNMENT PLEADER N SUDHA DEVI FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.11569/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF REPRESENTATION DATED 17.9.07 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 2 AND 3. EXT.P2: TRUE COPY OF LETTER DATED 15.10.07 FROM THE SECOND RESPONDENT TO THE 5TH RESPONDENT. EXT.P3: TRUE COPY OF AGENDA AND DECISION OF THE 2ND RESPONDENT MUNICIPALITY DATED 5.2.08. EXT.P4: TRUE COPY OF REPRESENTATION DATED 9.8.08 SUBMITTED BY THE PETITONER BEFORE THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF LETTER DATED 22.10.08 FROM THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXT.P6: TRUE COPY OF NOTICE DATED 7.10.09 ISSUED BY THE 5TH RESPONDENT. TRUE COY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.11569 of 2010 --------------------------------- DATED THIS THE 16th DAY OF JUNE, 2010 JUDGMENT The petitioner herein is the owner of 21 cents of land and house therein situated in survey No.170/9 of Chowannur Village. From the main road, there is a road leading to the property on the south. According to the petitioner, this road was about 4 metres wide and was having an extent of 7¼ cents. The same was revenue property and situated in survey No.170/11 of Chowannur Village. 2. In course of time, owing to encroachment by various residents on either side, the width of the road has narrowed down. In these circumstances, the petitioner approached the authorities by filing Exhibit P1, for removal of encroachment. It appears that a verification was made by the respondents and actions were being taken in the matter. Ultimately a communication as per Exhibit P3 decision was taken by the Municipal Council also. Since there was no further action, he filed Exhibit P4 representation and thereafter he was directed to remit an amount of Rs.1,000/- for necessary action. Exhibit P5 is a W.P.(C)No.11569/10 -2- letter addressed by the Secretary of the Municipality to the Tahsildar, Thalappilly Taluk showing that the petitioner has remitted an amount of Rs.1,000/- for fixation of boundary of the property. 3. Exhibit P6 is a further communication issued by the Taluk Surveyor to the effect that the boundaries of the Sub Division will be fixed on 16.10.2009. According to the petitioner even though he was present in the site on that day, nothing was done by the 5th respondent in the matter. 4. It is in these circumstances that the petitioner has approached this Court seeking for a direction to respondents 4 and 5 to measure out and identify the properties having an extent of 7 ¼ cents in Survey No.170/11 of Chowannur village and to take action for removal of the encroachments from the property. 5. Heard the learned counsel appearing for the Municipality. Even though notice was served, no counter affidavit has been filed by respondents 4 and 5. Since the petitioner has remitted the amount as directed by them, further action will have to be taken by respondents 4 and 5 expeditiously. W.P.(C)No.11569/10 -3- 6. In the light of the direction sought for by the petitioner, there will be a direction to respondents 4 and 5 to identify the encroachment, if any, in respect of the property in survey No.170/11 of Chowannur Village including demarcation of the boundary of the road. If encroachments are thus reported, the 4th respondent will take appropriate action as enjoined by law with notice to the persons who are in occupation of the encroached property. The proceedings will be completed within a period of four months. The petitioner will produce a copy of the judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn