IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 OP.No. 2333 of 2003(C) ---------------------------------- PETITIONER(S): --------------------- P. MOHANKUMAR, SUBEDAR, J.C.750399L, 164 FCPL (GREF) CARE 111 RCC C/O. 56 APO, PERMAENTLY RESIDING AT LAKSHMI SADANAM, NADAYIL THEKKETHIL THARAYIL, KOIPPALLIKKARAMA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR, ALAPPUZHA. 2. TAHSILDAR, MAVELIKARA. 3. ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT, EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, MAVELIKARA. 4. SUKU KUMAR, S/O. BALAN PILLAI, SUKU BHAVANAM, KOIPALLY KARAZMA, OLAKETTIYAMBALAM P.O. R1 TO R3 BY GOVERNMENT PLEADER SRI.M.A.ASIF R4 BY ADVS. SRI.M.C.JOHN, SRI.C.PRABIN BENNY. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/05/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ONCMP. NO.4133/2003 IN OP. NO.2333/2003 DISMISSED 27/05/2010 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER DTD. 17.4.02 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. P2:- COPY OF THE LETTER DTD. 17.5.02 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. P3:- COPY OF THE LETTER NO.AB 1-1262/96 DTD. 10.5.02 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P4:- COPY OF THE LETTER NO.BN6-20415/02/L.DIS. DTD. 9.8.2002 ISSUED BY THE 2ND RESPONDENT TO THE OFFICER COMMANDING. P5:- COPY OF THE LETTER NO.107/164 FCPL/124/E1 DTD. 27.8.2002 ISSUED BY THE 2ND IN COMMAND, FOR OFFICER COMMANDING, 164, FC PLATOON (GREF) CASE 81 RCC (GREF), C/O. 56 APO, TO THE IST RESPONDENT. P6:- COPY OF THE DECREE DT. 7.7.2006 IN OS. 447/2002. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE RELEVANT PAGES OF THE BANK PASS BOOK OF THE BANK ACCOUNT. R(b):- COPY OF THE CERTIFICATE DTD. 20.3.02 ISSUED BY THE INSPECTOR LEGAL METROLOGY. TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 2333 of 2003 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2010 J U D G M E N T This original petition was filed at a time when the petitioner was a Subedar in the Indian Army. He has 14 cents of land in survey No.451/2 in block No.12, of Peringala Village, Mavelikkara Taluk. The petitioner alleges that the 4th respondent has encroached into purambokku land in front of the petitioner's property and has put up a construction partially obstructing the right of way of the petitioner to his property. Petitioner through his superior officer addressed the 3rd respondent in the matter who issued Ext.P3 letter to the petitioner informing him that an encroachment had been noticed by the department as described in his letter and that appropriate steps are being taken to remove that encroachment and obstruction. By Ext.P4 District Collector also informed the superior officer O.P. No. 2333 of 2003 -2- of the petitioner that the letter in this regard from the petitioner's superior officer has been forwarded to the Tahsildar, Mavelikkara, for further action in the matter. Despite a further letter from the superior officer to the Tahsildar Mavelikkara, no further action is being taken by the respondents in the matter. It is under the above circumstances, the petitioner filed the original petition seeking the following reliefs: i) issue a writ in the nature of mandamus or other appropriate writ direction or order directing respondents No.1 to 3 to take such action as is required under law to evict the 4th respondent from the puramboke land; ii) issue a writ in the nature of mandamus or other appropriate writ direction or order directing respondents 1 to 3 to take expeditious action on exhibit P5 forthwith. 2. I have heard the learned Government Pleader and the counsel for the 4th respondent. I am not going into merits of the contentions of the parties as to whether there is an encroachment or not. It is for the appropriate authority to decide that matter. But I am of opinion that a O.P. No. 2333 of 2003 -3- final decision in the matter has to be taken within a time frame. Therefore this original petition is disposed of with the following directions: The 2nd respondent shall take appropriate action in the matter under the Kerala Land Conservancy Act and Rules after affording an opportunity of being heard to both parties and passing final orders as to whether there is any encroachment by the 4th respondent into the purambokku land which would partially or otherwise obstruct the right of way of the petitioner to his property. If on consideration of the facts and evidence before the 2nd respondent subject to right of appeal etc. of the parties concerned, competent among respondents 1 to 3 shall take further action pursuant thereto in accordance with law. The entire exercise O.P. No. 2333 of 2003 -4- shall be taken up and completed as expeditiously as possible at any rate within a period of three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/