IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 26419 of 2010(B) -------------------------- PETITIONER(S): --------------- SHEELA BABU,AGED 54 YEARS W/O.BABU P.K., PUTHEN VEETTIL, OCHUMTHURUTHU PO KOCHI-08 BY ADV. SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENT(S): --------------- THE ELAMKUNNAPUZHA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY ELAMKUNNAPUZHA , ERNAKULAM. ADV. SRI.S.SHANAVAS KHAN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26419 OF 2010 -------------------------- Dated this the 17thday of September, 2010 J U D G M E N T Heard the learned counsel on both sides. 2. The petitioner is a resident of Elamkunnapuzha Grama Panchayat. Her house is situated by the side of the Old Panchayat road. It appears, the said road was blocked by persons residing on its either side thereby preventing the movement of vehicles. The petitioner and others thereupon moved the Revenue Divisional Officer, Fort Cochin under Section 133 of the Code of Criminal Procedure, 1973 for removal of the obstruction. On receipt of the said application, the Revenue Divisional Officer called for a report from the Village Officer, Puthuvyppu Village who submitted a report after a local inspection to the effect that the Old Panchayat road has been trespassed upon. The Revenue Divisional Officer thereupon sent Ext.P2 letter dated 26.7.2010 to the Secretary of Elamkunnapuzha Grama Panchayat calling upon him to evict the encroachments and to make the road fit for movement of vehicular traffic. This writ petition is filed contending that though nearly two months have passed after Ext.P2 letter was received, the Panchayat WPC No.26419/2010 2 has not taken steps to remove the encroachments into Old Panchayat road. 3. Sri. Shanavas Khan, the learned standing counsel, appearing for the respondent, submits on instructions that Ext.P2 letter has been placed before the committee of the Panchayat and that the committee of the Panchayat has authorised the Secretary to take such steps as are required to remove the encroachments and that that the encroachments will be removed within three months. In the light of the said submission, I dispose of the writ petition with a direction to the Elamkunnapuzha Grama Panchayat and its officers to remove the encroachments into Old Panchayat road within the local limits of Elamkunnapuzha Grama Panchayat, after following the procedure prescribed in the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for unauthorised Occupation) Rules, 1996 expeditiously and in any event within three months from today. P.N.RAVINDRAN, (JUDGE) vps WPC No.26419/2010 3