IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 19887 of 2011(I) ------------------------------------ PETITIONER(S): ---------------------- OUSEPH,MURINGALATH HOUSE, KUZHIKKATTUSSERY DESOM, THAZHEKKAD VILLAGE, MUKUNDAPURAM TALUK BY ADV. SRI.DINESH R.SHENOY SRI.G.HARIKRISHNAN (TRIPUNITHURA) RESPONDENT(S): ------------------------ 1. THE ALOOR GRAMA PANCHAYATH, SPECIAL GRADE, REP.BY THE SECRETARY, SPECIAL GRADE, ALOOR GRAMA PANCHAYATH P.O.KALLETTUMKARA, PIN-680 683 2. SUMATHY, W/O.VASUDEVA KURUP KALADI KALARIKKAL, KUZHIKKATTUSSERY DESOM THAZHEKKAD VILLAGE, MUKUNDAPURAM TALUK, PIN-680 697 3. DASAN, S/O. VASUDEVA KURUP, -DO- -DO- 4. VINOD,S/O. VASUDEVA KURUP, -DO- -DO- 5. SHIBU,S/O. VASUDEVA KURUP, -DO- -DO- 6. KUTTAN, S/O.K UNJUNNY, VADEKKARA, KUHZIKKATUSSERY DESOM, THAZHEKKAD VILLAGE, PIN-680 697. 7. JANARDHANAN, MOTHAYIL HOUSE, KUZHIKKATTUSSERY DESOM,THAZAEKKAD VILLAGE, PIN-680 697. 8. SARADA, W/O. APPUKUTTAN, KOLANGARA HOUSE, KUZHIKKATTUSSERY DESOM, THAZHEKKAD VILLAGE, PIN-680 697. S WPC. NO.19887/2O11 9. RAJAGOPAL, S/O. VASUDEVA KURUP KALADI KALARIKKAL, VADAMA DESOM, VADAMA VILLAGE, PIN-680 736. ADV. SRI.T.N.MANOJ FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S WPC.NO.19887/2011 APPENDIX PETITIONERS EXHIBITS: P1: PHOTOCOPY OF SALE DEED NO. 993/1967,KALLETTUMKARA S.R.O. P2: PHOTOCOPY OF THE NOTICE DATED 16/2/2011 ISSUED BY THE 1ST RESPONDENT TOGETHER WITH COPY OF THE SURVEY SKETCH ISSUED BY THE TALUK SURVEYOR, MUKUNDAPURAM TALUK. P3: PHOTOCOPY OF THE PROCEEDINGS OF THE DISTRICT SURVEY SUPERINTENDENT NO. LRB 4751/2010 DATED 25/5/2011. P4: PHOTOCOPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER ON 29/11/2010 WITH POSTAL RECEIPT. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE S HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 19887 OF 2011 ------------------------------- DATED THIS THE 30TH DAY OF NOVEMBER, 2011 JUDGMENT This writ petition is filed for a direction commanding the lst respondent to immediately complete all further proceedings pursuant to Ext.P2 to evict unauthorised encroachment and occupation of the public road mentioned therein within one month, or such time as may fixed by this Court. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Panchayat. 3. Petitioner pointed out that a small portion of the north eastern corner and the entire eastern boundary of the property is bounded by a public road comprised of puramboke land in Sy.No.903/1 of Thazhekkad Village and that the said road has been in the user and enjoyment of the petitioner and other persons in the locality over the past several decades. Petitioner further submits -2- W.P.(C).No.19887/2011 that respondents 2 to 9, who are residing on the eastern side of the said pathway, encroached upon portions of pathway and reducing the width. In the said circumstances the petitioner lodge a complaint on 26/10/2010. Pursuant to the complaint, the Taluk Surveyor measured the property and submitted a report to the Panchayat. Ext.P2 is the copy of the notice dated 16/2/2011 issued by the lst respondent together with copy of the survey sketch issued by the Taluk Surveyor. It is pointed out that upon such measurement respondents 2 to 9, who are residing on the eastern side of the said pathway have trespassed upon the portions of the public road and reduced the width by as much as two metres in some places and that such act of the respondents 2 to 8 is causing obstruction to the enjoyment of the public road. It is also pointed out that the Panchayat delayed the matter and avoid action on Ext.P2. Respondents 2 to 9 preferred an appeal before District Survey Superintendent. The District Survey Superintendent conducted measurements once again on 17/5/2011 after issuing notice to the parties concerned including respondents 2 to 9 and on -3- W.P.(C).No.19887/2011 measurement, it was found that the measurement, identification and sketch prepared by the Taluk Surveyor were approved and the same was intimated to the petitioner and the respondents. Ext.P3 is the copy of the proceedings of the District Survey Superintendent. Subsequently the appeal preferred by respondents 2 to 9 has been disposed of as per Ext.P3 proceedings of the District Survey Superintendent dated 25/5/2011. Subsequent to the disposal of the appeal, the petitioner approached the Panchayat pointing out that the appeal had been disposed of and the boundaries of all properties had been finally fixed. The grievance of the petitioner is that in spite of Ext.P2 to P4, the Panchayat Authorities are not taking any action bowing to the illegal influence exerted by respondents 2 to 9 and their political godfathers. Therefore, the petitioner approached this Court for the afore-mentioned reliefs. 4. Though notice was issued to respondents 2 to 9, there is no appearance for them. Going by the provisions of the Kerala Panchayat Raj Act, it shall be the duty of the Panchayat to maintain the roads vested in it in proper condition and to initiate steps for -4- W.P.(C).No.19887/2011 removal of encroachment. In the light of the fact that the Panchayat had measured and identified the portions of the road encroachment and informed that the appeal preferred by respondents 2 to 9 was disposed as per Ext.P3 proceedings of the District Survey Superintendent, it is for the Panchayat to take action to evict respondents 2 to 9 from the unauthorised encroachment area of the public road identified as per Exts.P2 and P3, to restore and maintain the public road in the original condition. In the facts and circumstances of the case, this writ petition is disposed of directing the lst respondent to finalise the proceedings initiated pursuant to Ext.P2 to evict respondents 2 to 9 from the unauthorised encroachment area of the public road mentioned in the writ petition, within a period of two months from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. kcv.