IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 31198 of 2011(Y) ---------------------------------- PETITIONER(S): ------------------- 1. BAJI, MAKKA PARAMBIL HOUSE, MELARCODE, PALAKKAD. 2. P.C.CHENTHAMARAKSHAN, MAKKA PARAMBIL HOUSE, MELARCODE, PALAKKAD. 3. M.A.BALAN, MAKKA PARAMBIL HOUSE, MELARCODE, PALAKKAD. BY SRI.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN RESPONDENT(S): -------------------- MELARCODE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PALAKKAD-678703. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31198/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGEMENT IN OS.92/2007 DATED 31/5/2008. P2: COPY OF THE JUDGEMENT IN AS.255/2008 DATED 28/2/2011. P3: COPY OF THE PETITION DATED 16/8/2011 SUBMITTED BY THE PETITIONER'S ONE AND TWO. P4: COPY OF THE LAWYER NOTICE DATED 12/10/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.31198 of 2011 --------------------------------------------- Dated this the 23rd day of November 2011 JUDGMENT The petitioners have filed this writ petition claiming to be the residents of the respondent Panchayat. Their complaint is that though a Panchayat pathway was encroached upon by some paddy cultivators, no action was initiated by the Panchayat to restore the pathway to its original condition. There was a suit filed by the encroachers as O.S.No.92 of 2007 before the Munsiff's Court, Alathur. The said suit was dismissed after trial. Though the dismissal of the suit was challenged in appeal before the District Court, Palakkad, the appeal was also dismissed. According to the petitioners, the judgment has become final. 2. In the above circumstances, the petitioners have submitted Ext.P3 representation before the Panchayat requesting that the pathway be restored to its original condition. The petitioners complain that no action has WPC No.31198 of 2011 2 been taken on Ext.P3, so far. The petitioners, therefore seek the issue of appropriate directions for the consideration of Ext.P3. 3. In view of the limited relief that is claimed, it is not necessary to issue notice to the respondent. It is sufficient that this writ petition is disposed of directing the respondent to consider Ext.P3. 4. This writ petition is, accordingly, disposed of directing the respondent to consider the grievances of the petitioner set out in Ext.P3 representation in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment before the respondent for compliance. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/