IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 26544 of 2010(P) ---------------------------------- PETITIONER(S): ----------------------- VARGJESE POULOSE,PALATTIKUNNEL HOUSE, ANAPARA PO,THURAVOOR,ANGAMALY 683 581. BY ADVS. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): ---------------------------- 1. THE THURAVOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,PIN 683 586. 2. THE SECRETARY,THURAVOOR GRAMA PANCHAYATH THURAVOOR PO, ANGAMALY,ERNAKULAM DIST., PIN 683 586. R1 & R2 BY ADV. SRI.C.A.CHACKO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26544/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION SUBMTITED BY THE PETITIONER BEFORE THE IST RESPONDENT DTD. 5.8.09. P2:- COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 16.9.09. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE RESOLUTION DTD. 15.9.09 PASSED BY THE PANCHAYATH. R1(b):- COPY OF THE VILLAGE SKETCH. TRUE COPY P.A. TO JUDGE tss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.26544 of 2010 ------------------------------- Dated this the 16th day of November, 2010 J U D G M E N T The petitioner who is a resident of Thuravoor Grama Panchayat has filed this writ petition seeking a direction to the respondents to remove the encroachments in the Thuravoor- Mooleppara Road and to maintain it properly. The petitioner has alleged that large number of persons have encroached upon portions of the said road and that the Panchayat is duty bound to remove such encroachments. 2. A counter affidavit dated 13.10.2010 has been filed on behalf of the respondents. In paragraph 3 thereof, it has been stated that on receipt of Ext.P1 complaint submitted by he petitioner, an enquiry was conducted through the Assistant Engineer, LSGD Section, Thuravoor, and on receipt of the report, the Panchayat has informed the petitioner that if he has got any complaint, he has to approach the Taluk Surveyor for measuring the property in order to ascertain the boundaries. A copy of the said resolution is produced and marked as Ext.R1(a). It is stated that after Ext.R1(a) resolution was adopted, Ext.P2 letter was sent to the petitioner informing him that it will be open to him to have the lands of the encroachers measured for the purpose of deciding whether any of them have encroached upon any W.P.(C) No.26544 of 2010 2 portion of the road. 3. Under the provisions of the Kerala Panchayat Raj Act, it is the duty of the Panchayat in which the road is rested to evict the encroachers. Sections 169 and 170 of the Kerala Panchayat Raj Act clarify the said position. In such circumstances, it has to be held that the stand taken by the Thuravaoor Grama Panchayat in Ext.R1(a) resolution cannot be sustained. It is for the Panchayat to take necessary steps to ascertain the boundaries of the road and to remove encroachments, if any, in the said road. The Panchayat cannot abdicate its functions and call upon the citizen to do what it ought to have done under the provisions of the statute. I accordingly dispose of the writ petition with a direction to the respondents to measure and demarcate the boundaries of the Thuravoor-Mooleppara Road, with the help of the Taluk Surveyor and to evict persons who have encroached upon the said road. Necessary steps in this regard shall be taken and completed within three months from the date on which the petitioner produces a certified copy of this judgment before the second respondent. P.N. RAVINDRAN, JUDGE. nj.