IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 30618 of 2010(B) ---------------------------------------- PETITIONER(S): ------------------------- E.M.SUNNY, VICTORY GRANITE METALS, MANNAMPETTA, VARKKADA P.O., TRICHUR DISTRICT. BY ADV. SRI.T.M.CHANDRAN SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENT(S): -------------------------- 1. THE REVENUE DIVISIONAL OFFICER, TRICHUR. 2. THE PUDUKKAD GRAMA PANCHAYAT, PUDUKKAD, TRICHUR DISTRICT, REPRESENTED BY THE SECRETARY. 3. THE SECRETARY, PUDUKKAD GRAMA PANCHAYAT, PUDUKKAD, TRICHUR DISTRICT. R1 BY GOVERNMENT PLEADER SRI.K.RAMESH R2 & R3 BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30618/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LETTER NO.A4-861/2007 DATED 25/9/2007 SENT TO THE 1ST RESPONDENT FROM 2ND RESPONDENT. P2 COPY OF THE JUDGMENT DATED 7/11/2007 IN WP(C)NO.32976/07 PASSED BY THE HON. HIGH COURT OF KERALA. P3 COPY OF THE SKETCH. P4 COPY OF THE JUDGMENT DATED 17/9/2009 IN WP(C)NO.19514/2009 PASSED BY THE HON. HIGH COURT OF KERALA. P5 COPY OF THE LETTER NO.A4-462/08 DATED 2/12/2009 ISSUED BY THE SECOND RESPONDENT. P6 COPY OF THE JUDGMENT DATED 9/3/2010 IN WP(C)NO.34553/09 PASSED BY THE HONOURABLE HIGH COURT OF KERALA. P7 COPY OF THE ORDER DATED 2/6/2010 PASSED BY RESPONDENT NO.1. P8 COPY OF THE PETITION DATED 22/7/2010 FILED BY THE PETITIONER BEFORE THE RESPONDENT NO.3. P9 COPY OF THE SHOWING THE ANKLE PLACED AT THE RESPECTIVE PLACES. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 30618 of 2010 --------------------------------------- Dated this the 11.th day of August 2011. JUDGMENT This writ petition is filed seeking a direction directing the respondents 2 and 3 to evict the unauthorised occupants from the property in Sy.Nos.1057/2, 1058/9 of Chengallur Village, to remove all the improvements therein and to maintain the original width of the Mattumala North road for vehicular traffic and for their incidental reliefs. 2. It is alleged that the Panchayat road namely Mattumala North road runs through the puramboke land in Sy.Nos. 1056,1057 and 1058 in Chengallur village. According to the petitioner this is the only access used by the petitioner and other local people to reach their respective properties. The grievance of the petitioner and others is that portions of this road was unauthorisedly occupied by several persons thereby the width of the road has been reduced causing obstruction to the vehicle traffic. Since respondents 2 and 3 failed to take appropriate action to evict unauthorised occupants the petitioner and others approached the authorities to redress their grievance. W.P.(C) No.30618/2010 2 3. The 2nd respondent Panchayat by Ext.P1 resolution dated 25.9.2007 took a decision to evict unauthorised occupants and requested the first respondent to identify the encroached portions. By Ext.P2 Judgment, this Court directed the Revenue Divisional Officer to act upon the request of the Panchayat. W.P.(C) No. 19514/2009 filed subsequently was disposed of by Ext.P4 judgment directing the respondents to take action after hearing the aggrieved persons. As directed by this Court in Ext.P4 judgment, the first respondent heard all the aggrieved persons including Sri. Shaju who is the petitioner in W.P.C No.34553/09. 4. On the basis of the directions issued in W.P.C 34553/2009 (Ext.P6) filed by Sri. Shaju, Ext.P7 order was passed by the Revenue Divisional Officer. The RDO held that Shaju has no property in Sy.No. 1057/2 and 1058/9 in Chengalur Village. Ext.P7 order further directed the Panchayat to take immediate steps to vacate the encroachers from the road portion. 5. The first and second respondent filed counter affidavits. In the counter affidavit filed by the first respondent in para 7 it s stated that the RDO had issued instructions to the Secretary Pudukkad Grama Panchayat to take immediate action to evict the encroachers from the puramboke land. In W.P.(C) No.30618/2010 3 the counter affidavit filed by the 2nd respondent Panchayat in para 5 it is pointed out that 2nd respondent had initiated immediate action for eviction and to measure the remaining unevicted areas as well as to evict the encroached area. 6. In the light of the statements of the respondents 1 and 2 in their respective counter affidavits, the writ petition is disposed of with a direction to the 2nd and 3rd respondents to take immediate action to evict all encroachments and to clear the road portion already evicted and take further steps to measure unevicted areas and to remove all encroachment in the Mattummala north road . In the facts and circumstance of the case, there is no justification for delaying the matter any more and therefore, further direction is issued to the respondents 2 and 3 to complete the steps taken within a period of two months from the date of receipt of a copy of this judgment. HARUN-UL-RASHID JUDGE al