IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22222 of 2009(W)
1. MADHAVANUNNI, PADIPURAKKAL HOUSE
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, THRISSUR,
... Respondent
2. THE SECRETARY, NATTIKA GRAMA PANCHAYATH
3. DIRECTOR PANCHAYATH SECRETARIAT,
For Petitioner :SRI.N.ANILKUMAR
For Respondent :SRI.SHOBY K.FRANCIS
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :08/12/2010
O R D E R
P.N. RAVINDRAN, J.
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W.P.(C) No.22222 of 2009
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Dated this the 8th day of December, 2010
J U D G M E N T
The petitioner who is a resident of Nattika Grama
Panchayat has filed this writ petition seeking a direction to the official
respondents to implement Ext.P5 order passed by the Honourable
Ombudsman for Local Self Government Institutions and Ext.P10 order
passed by the Director of Panchayats by evicting the encroachers from
the Chettikkadavu road which is a road vested with the Nattika Grama
Panchayat. The pleadings disclose that aggrieved by the steps taken
by the Panchayat to evict the encroachers, the seventh respondent
has filed O.S.No.586 of 2010 and 9th respondent has filed O.S.No.1515
of 2001 on the file of the Court of the Munsiff of Chavakkad and that
the said suits are pending. It is also brought to my notice that though
O.S.No.1515 of 2001 was initially decreed ex parte, the ex parte
decree has been set aside by the court below. Apart from respondents
7 and 9, the other party respondents, against whom also steps had
been taken by the Nattika Grama Panchayat to remove the
encroachment, have not challenged the same before this Court or in
other proceedings. It is also not in dispute that the other party
respondents have already been evicted from the road poramboke. In
such circumstances, no further orders are called for in this writ petition
W.P.(C) No.22222 of 2009
2
except to direct that if the petitioner is desirous of getting himself
impleaded in the suits filed by respondents 7 and 9, it will be open to
him to move the court below where the suits are pending in that
regard. It is clarified that if in the said suits, interim orders have not
been passed restraining the local authority from evicting the
encroachers, it will be open to the local authority to evict them
notwithstanding the fact that suits are pending. Having regard to the
fact that the suit instituted by the 9th respondent is of the year 2001, I
direct the court below to try and dispose of the suit expeditiously and
in any event, within three months from the date of receipt of a
certified copy of this judgment.
The writ petition is disposed of with the above directions.
P.N. RAVINDRAN,
JUDGE.
nj.