IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14573 of 2008(I)
1. GEEVARGHESE GEORGE,
... Petitioner
Vs
1. THE THAZHAKKARA GRAMA PANCHAYATH,
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE TAHSILDAR, TALUK OFFICE,
4. G.GEEVARGHESE, KOORANCHIRA PUTHENVEEDU,
5. THE STATE OF KERALA,
For Petitioner :SMT.R.RANJINI
For Respondent :SRI.K.SASIKUMAR
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/08/2008
O R D E R
ANTONY DOMINIC, J.
= = = = = = = = = = = = = = = = =
= =W.P.(C) = = = = = = = = = = = =
No. 14573 OF 2008 I
= = =
Dated this the 21st day of August 2008
J U D G M E N T
The main prayer in this writ petition is for directing the 4th
respondent to remove the encroachment by demolishing the
compound wall constructed by him enclosing an area of 4 sq. mtrs.
of Panchayat road situated in R.S. No. 575/19 of Vettiyar Village.
2. In so far as this prayer of the petitioner is concerned, it is
seen that on an earlier occasion, in W.P.(C) No. 3961/08, while
disposing of the said writ petition by Ext. P8 judgment, this Court
issued a direction in the following terms:
“Considering the grievance that the measurement in
question was conducted without notice to the petitioner
and in his absence, I dispose of this Writ Petition
directing the fourth respondent to facilitate fresh
measurement of the property by a competent surveyor
with notice to the petitioner and the third respondent.
Once such a measurement is conducted and the
purambokeappropriate will
initiate
encroachment is identified,action fourth respondentfrom
the
for abating the
and evicting the petitioner
puramboke, if any, wrongfully possessed by him. This
judgment will not stand in the way of the petitioner
W.P.(C) No. 14573 OF 2008
-2-
making application for assignment of the revenue
puramboke land in accordance with the relevant law.”
It is stated that in pursuance thereof a survey was conducted and
the petitioner has produced Exts. P9 and P10.
3. It is seen that complaining of disobedience of the direction
contained in the aforesaid judgment, Contempt Case No. 1017/08
was filed by the petitioner herein and that the said case was
disposed of by judgment dated 7.8.2008. In that judgment, the
submission of the Tahsildar that notice was given to the writ
petitioner in Ext. P8 judgment to vacate the premises since he was
found to be an encroacher of Panchayat puramboke land has been
recorded. Further submission that the notice was not obeyed and
therefore the Revenue Divisional Officer has been approached for
enforcing the order of eviction is also recorded. In view of the
above, there is no question of issuing any further direction as
sought for by the petitioner.
4. The other prayers in this writ petition are against assigning
the Panchayat land allegedly to be in the possession of the 4th
respondent. In so far as this issue is concerned, it is seen that in
Ext. P8 judgment, this Court has already directed that the aforesaid
judgment will not stand in the way of the 4th respondent from
W.P.(C) No. 14573 OF 2008
-3-
making an application for assignment of the Revenue puramboke
land in accordance with the relevant law.
5. According to 4th respondent despite the findings in the
surveys referred to above, the land in question is a Revenue
puramboke land and therefore he has made Ext. R4(c) application
before the 3rd respondent for the assignment of the land in
question. Though it is the contention of the petitioner that the land
in question is a Panchayat land and therefore is not assignable, I
think the apprehension of the petitioner that the possibility of
assignment is a premature one. Now that the 4th respondent has
made an application as above, it is for the authority concerned to
consider the same, with notice necessarily to the Panchayat and take
a decision thereon. If the relief now sought for is granted, this
Court will be rendering the direction in Ext. P8 judgment ineffective
and that cannot be done.
6. Therefore, leaving it open to the petitioner to pursue the
matter, if any order adverse to him is passed on Ext. R4(c), I close
this writ petition.
ANTONY DOMINIC
JUDGE
jan/-