IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 3148 of 2010(P) ------------------------- PETITIONER(S): ---------------------- 1. M.X.JOSEPH,S/O.XAVIER,MALIACKAL HOUSE, PONNARIMANGALAM,MULAVAKKAD.P.O. 2. T.J.JOHNSON,S/O.JOSEPH,THUNDIPARAMBIL HOUSE,PONNARIMANGALAM,MULAVUKKAD.PO. 3. MICHAEL.T.V,THUNDIPARAMBIL HOUSE, PONNARIMANGALAM,MULAVUKKAD.P.O. 4. SOBIN THOMAS,THUNDIPARAMBIL HOUSE, PONNARIMANGALAM,MULAVAKKAD.P.O. BY ADV. SRI.ABRAHAM P.GEORGE SMT.K.V.LEKSHMY RESPONDENT(S): ----------------------- 1. MULAVUKAD GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY,MULAVUKAD GRAMA PANCHAYATH, MULAVUKAD GRAMA PANCHAYATH BUILDINGS,MULAVAKKAD, PIN-682 504. 2. THE SECRETARY,MULAVUKAD GRAMA PANCHAYAT MULAVUKAD GRAMA PANCHAYAT BUILDINGS,MULAVUKAD, PIN-682 504. 3. THE REVENUE DIVISIONAL OFFICER,FORT KOCHI.P.O,KOCHI-2. 4. THE TAHSILDAR,KANAYANNUR TALUK, TALUK OFFICE,ERNAKULAM,KOCHI-11. ADDL.R5. MR.HENRY ARUJA, CHERYA KATTAH HOUSE, MULAVUKAD P.O, MULAVUKAD, ERNAKULAM DT. ADDL.R6. MR.T.M.CHANI, THUNDIPARAMBIL HOUSE, PONNARIMANGALAM, MULAVUKAD P,O, ERNAKULAM DT. ADDL.R7. MR.ROBERT @ ANTONY, KANIYAMPURAM HOUSE, PONNARIMANGALAM, MULAVUKAD P.O.ERNAKULAM DT. (ADDL.RESONDENTS 5, 6 AND 7 ARE IMPLEADED AS PER ORDER IN IA NO.1874/10 DT. 19.2.10) ADV. SRI.K.G.SARATHKUMAR FOR R1 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 3148 OF 2010 (P) ===================== Dated this the 19th day of February, 2010 J U D G M E N T Petitioners state that they are the residents of Ward No.6 of Mulavukadu Grama Panchayat. According to the petitioners, a portion of the thodu starting from the rear side of Christuraja Kurisupally and leading to the backwaters was reclaimed by some of the local inhabitants some time during 2007. It is stated that the Village Officer inspected the premises and submitted Ext.P2 report confirming this allegation. However, no action has been taken by the Panchayat despite the aforesaid report of the Village Officer. In these circumstances, the petitioners have moved the Panchayat itself by Ext.P5 representation. The complaint is that even on Ext.P5, there has not been any action. 2. If as stated by the petitioners, there is encroachment over of any portion of the thodu, which is vested in the Panchayat, necessarily, the Panchayat has to initiate appropriate action for remedying the situation. Since the allegation of the petitioners is that there has been inaction on the part of the Panchayat despite having filed Ext.P5, it is directed that the 2nd respondent shall, on WPC 3148/10 :2 : the production of a copy of this judgment take note of Ext.P5 with notice to the petitioners and the additional respondents against whom the allegations are levelled. Decision and appropriate action in the matter shall be taken as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment along with a copy of this writ petition. It is clarified that this Court has not examined the merits of the allegations levelled by the petitioner and it is entirely for the Panchayat to decide the issue independently. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp