IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20595 of 2010(Y)
1. BABY NELLOOR, S/O.VARKEY,
... Petitioner
2. JAISON, S/O.MATHEW,
Vs
1. STATE OF KERALA,
... Respondent
2. ARAKUZHA GRAMA PANCHAYATH,
3. THE EXECUTIVE ENGINEER,
4. THE ASSISTANT EXECUTIVE ENGINEER,
5. THE TAHSILDAR,
For Petitioner :SRI.SHYSON P.MANGUZHA
For Respondent :SRI.T.RAJESH
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :10/08/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.20595/2010-Y
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Dated this the 10th day of August, 2010
J U D G M E N T
The matter relates to the alleged encroachment of the
roads, namely, the Perumballoor-Kakkuchira-Marady road and
Perumballoor-Lakshamveedu Colony road at Arakuzha Grama
Panchayat. It is the case of the petitioners that the said
roads are link roads between Ernakulam-Thekkady State
Highway and M.C Road connecting both Arakuzha and Marady
Panchayats. The alleged encroachment is in Survey No.579/1
of Arakuzha Village at the entrance portion of the above
said two roads. The petitioners had been moving various
authorities in the matter including the Panchayat. It is
averred in the writ petition that the authorities of the
Panchayat conducted a local inspection and, thereafter they
passed a resolution to take necessary steps in the matter.
Exts.P2 and P3 are produced in support of the above plea.
The petitioners approached the third and fourth respondents
also. Finally, the fourth respondent requested the fifth
respondent to measure the P.W.D road portion to find out
the extent of the encroachment.
2. It is pointed out by the learned Government
Pleader that Survey was over and report has been received
by the Tahsildar. Therefore, follow-up action will have to
W.P.(C). No.20595/2010
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be taken by respondent Nos.3 to 5. There will be a
direction to respondent Nos.3 to 5 to finalise the action
in accordance with law based on the reports and sketch of
the Taluk Surveyor, within three months from the date of
receipt of a copy of this Judgment after issuing notice and
sufficient opportunity of hearing to the parties who are in
alleged occupation of the encroached portion.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms