IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6228 of 2008(N) ------------------------- PETITIONER: ------------ P.M.YOUSAF, AGED 55 YEARS, S/O. LATE MUHAMMED, PADINJAREVEETIL, PEZHAKKAPILLY P.O., MUVATTUPUZHA. BY ADV. SRI.ESM.KABEER SMT.C.A.DIVYA RESPONDENTS: ------------- 1. PAYIPPRA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PAYIPRA, PEZHAKKAPILLY P.O., MUVATTUPUZHA. 2. THE TAHSILDAR, MUVATTUPUZHA. 3. VILLAGE OFFICER, MULAVOOR. 4. THE DEPUTY DIRECTOR OF PANCHAYATHS, ERNAKULAM. BY G.P. SRI.MUHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 6228 of 2008 ---------------------------------- Dated this the 22nd day of February , 2008 JUDGMENT The issue raised by the petitioner is essentially around the correct boundary between his property and the property belonging to the first respondent Panchayat. The petitioner seeks an order directing the Panchayat not to construct any compound wall on the northern side of the petitioner's property (southern side of the Panchayat road) pursuant to Ext.P7 decision. The second prayer, which the petitioner makes in this writ petition, is a direction to the 2nd respondent Thasildar to measure out puramboke land covered by Ext.P3 and the third prayer is that the representation, which the petitioner has submitted before the Deputy Director of Panchayats (4th respondent) as Ext.P8, be ordered to be decided and that direction be issued to the Panchayat for stopping the construction of the compound wall on the northern side of his property. WPC No.6228/2008 2 2. Having considered the averments in the writ petition and the submissions addressed before me by Sri. E.S.M.Kabeer, the learned counsel for the petitioner, I am inclined to dispose of this writ petition at this stage itself issuing the following directions: i). The 4th respondent - Deputy Director of Panchayats will take up Ext.P8 immediately, call for report from the respondent Panchayat and pass appropriate orders after hearing the petitioner also. Order, as directed above, shall be passed at the earliest and at any rate within six weeks of receiving a copy of this judgment. ii). The 2nd respondent is directed to act upon the requests received in that regard from the first respondent Panchayat and facilitate conductof such measurement, as may be necessary, for identifying the puramboke land belonging to the Panchayat and the land belong to the petitioner, so that the correct boundary between the property of the petitioner and the Panchayat will be fixed. The needful in this regard shall be done by the 2nd respondent at the earliest and at any rate within three months of receiving a copy of this judgment. iii). In the meanwhile even as I permit the Panchayat to WPC No.6228/2008 3 construct the compound wall in view of the urgency of the situation projected in Ext.P7 decision, I direct the Panchayat that the wall should be constructed in such a manner that access of the petitioner's property to the outside world is completely obstructed on account of the construction. PIUS C. KURIAKOSE, JUDGE. dpk