IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 16159 of 2006(W) -------------------------- PETITIONER: --------------------- M. SUSEELA, AGED 55 YEARS, D/O. LATE S. MADHAVA KAIMAL, THEKKEMACHIYIL HOUSE, CHAMPAKARA P.O., KARUKACHAL, KOTTAYAM DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOTTAYAM. 3. KARUKACHAL GRAMA PANCHAYAT KARUKACHAL, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY. 4. ANTONY ROBERT, PUTHUPARAMBIL HOUSE, CHAMPAKARA P.O., KARUKACHAL, KOTTAYAM DISTRICT. 5. PANKAJAKSHI AMMA JANAKI AMMA, W/O. RAGHAVA KURUP, LAVANYA, CHAMPAKARA, KARUKACHAL, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16159/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE REPRESENTATION DT. 24.3.1997 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2:- COPY OF THE REPRESENTATION DT. 7.7.97 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P3:- COPY OF THE REPRESENTATION DT. 10.7.97 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF SECRETARY. EXT.P4:- COPY OF THE JUDGMENT DT. 4.7.05 PASSED BY THIS HONOURABLE COURT IN OP. NO.22504/97. EXT.P5:- COPY OF THE ORDER DT. 10.3.2006 PASSED BY THE SIT RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.16159 of 2006 ---------------------------------------------- Dated 5th September, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(1) Issue a writ of mandamus or any other appropriate writ, direction or order directing the third respondent Panchayat to take immediate steps to evict the 4th respondent from the encroached portions of the thode puramboke situated in Sy.No.207/9 of Karukachal village in Ward No.1 of Karukachal Grama Panchayat and also to remove all obstructions from the banks of the thodu and the flow water through the thodu in compliance with the direction in Ext.P5. (2) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 2 and 3 to take steps to reclaim and restore the land belonging to the petitioner and encroached by respondents 4 and 5, if necessary by measuring out the property of the petitioner and of respondents 4 and 5.” There will be a direction to the third respondent to take appropriate action as directed in Ext.P5, if not already taken, with notice to the affected parties, 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.16159 of 2006 ---------------------------------------------- J U D G M E N T Dated 5th September, 2008.