IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 6086 of 2008(Y) --------------------------------- PETITIONERS: ----------------- 1. V.K.KUNJUMMA, W/O.K.M.MAMMU, KOYAMPARAMBIL HOUSE, PERINGALA P.O., PIN - 683 565. 2. K.M.MAMMU, KOYAMPARAMBIL HOUSE, PERINGALA P.O., PIN - 683 565. 3. JUBIN, W/O.ISMAIL, KOYAMPARAMBIL HOUSE, PERINGALA P.O., PIN-683 565. BY ADV. SRI.P.ALI SRI.A.MUHAMMED HASHIM RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, KAKKANADU. 3. THE SECRETARY, KUNNATHUNADU GRAMA PANCHAYATH, KUMARAPURAM. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 6086 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2008 JUDGMENT The grievance which is voiced by the petitioners is that the third respondent local authority is going to encroach upon the property belonging to them and construct a new road thereupon. I do not propose to examine the genuineness of this grievance in this proceedings under Article 226 of the Constitution. Petitioners have submitted Exts.P4 to P7 before the Secretary of the Panchayat with copies to the District Collector also. I dispose of the writ petition directing the Secretary of the Panchayat to take up Exts.P4 to P7 immediately, conduct immediate local inspection/measurements and take a correct decision on Exts.P4 to P7. Decision as directed above shall be taken at the earliest and at any rate within two weeks of receiving a copy of this judgment. Third respondent is informed that annexing property which belongs to petitioners 1 to 3, even if it is for the purpose of road construction, WPC.No.6086/08 2 without recourse to land acquisition proceedings or without free surrender from the petitioners will be illegal and he will be answerable for consequences in the event of any such annexation. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.6086/08 2