IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 26014 of 2006(V) -------------------------- PETITIONER: ----------------- ISMAIL.P., S/O.MUHAMMED, PULIYANTHODI HOUSE, VAZHAKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI (SR.) RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. DISTRICT SUPERINTENDENT OF SURVEY, MALAPPURAM. 3. VAZHAKKAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VAZHAKKAD, MALAPPURAM DISTRICT. 4. TAHSILDAR, ERNAD TALUK, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI. K.J. MOHAMMED ANZAR ADV. SRI.M.A.MANHU FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 26014/2006 APPENDIX PETITIONER'S EXHIBIT: EXHIBIT P1 : TRUE COPY OF THE DOCUMENT NO. 1218/00 OF VAZHAKKAD S.R.O. DATED 01.07.2000 EXHIBIT P2 : TRUE COPY OF THE COMMUNICATION ISSUED BY THE ASSISTANT DIRECTOR OF SURVEY TO THE PETITIONER DATED 22.07.2006. EXHIBIT P3 : TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 18.07.2006 EXHIBIT P4 : TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.07.2006 RESPONDENT'S EXHIBITS: EXHIBIT R3(a) : PHOTOCOPY OF THE PHOTO OF THE NORTHERN BOUNDARY WALL OF THE PROPERTY OF THE PETITIONER ON THE SOUTHERN SIDE OF CHALIYAR RIVER SHOWING THE NEWLY LAID ROAD. EXHIBIT R3(b) : PHOTO COPY OF F.I.R. IN CRIME NO. 173/2006 OF VAZHAKKAD POLICE STATION REGISTERED AGAINST THE PETITIONER. EXHIBIT R3(c) : PHOTOCOPY OF THE NOTICE DATED 15.9.2006 WITH DIRECTION ISSUED BY THE DISTRICT COLLECTOR TO THE SECRETARY, VAZHAKKAD PANAHAYATH EXHIBIT R3(d) : PHOTOCOPY OF THE REPORT WITH PHOTO OF THE SITE AND GAT APPEARED IN MADHYAMAM DAILY DATED 10.11.2006. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.26014 of 2006 ---------------------------------------------- Dated 1st September, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “ Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to dispose Ext.P2 petition as expeditiously within a time stipulated by this Hon'ble Court.” In case no orders have been passed on the complaint referred to in Ext.P2, there will be a direction to the respondents 2/4 to consider that petition and take appropriate action thereon with notice to the petitioner and the third respondent, within four months from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.26014 of 2006 ---------------------------------------------- J U D G M E N T Dated 1st September, 2008.