IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18047 of 2010(E)
1. KUNJU, THIRUNJAKODE,
... Petitioner
2. THATHA, W/O. KUNJU,
3. JAYAKRISHNAN,
Vs
1. DISTRICT COLLECTOR, PALAKKAD.
... Respondent
2. DEPUTY COLLECTOR (GENERAL),
3. THE SECRETARY,
4. BLOCK PROGRAMME OFFICER,
5. TALUK SURVEYOR,
6. ILLYAS, S/O. MUTHU RAWTHER,
7. VASU, S/O. PONNAN,
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent :SRI.S.MOHAMMED AL RAFI
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :02/07/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No.18047 of 2010-E
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Dated this the 2nd day of July, 2010.
JUDGMENT
The petitioners are residents of Thirinjakode Schedueld Caste
Colony. The third petitioner is the beneficiary of the panchayat road
proceeding south from Thottinpalla junction of Ayalur Village, Chittur
Taluk which connects the colony with the main road. It is pointed out that
all the members of the colony are agricultural labourers.
2. As per the National Employment Guarantee Scheme, the Central
Government granted a sum of Rs.3,50,000/- to build the side walls of the
colony for preventing soil erosion. There is a pathway leading to north and
respondents 6 and 7 are residing on the side of the pathway. The allegation
raised by the petitioners is that because of the encroachment of the pathway
by respondents 6 and 7, the work in question cannot be effectively
completed, which require removal of encroachment by the Panchayat.
Accordingly, they filed Ext.P2 complaint and the Panchayat has requested
the Taluk Surveyor to conduct the measurement of the area, as per Ext.P6.
Since the further action in the matter is not being completed, this writ
petition is filed seeking for various reliefs.
wpc 18047/2010 2
3. Heard learned counsel for the petitioners, learned Standing
Counsel for the Panchayat, learned Govt. Pleader and learned counsel for
respondents 6 and 7. It is submitted by the learned Standing Counsel for the
Panchayat that the Panchayat has already requested the Taluk Surveyor as
well as the Village Officer to identify the encroachment, if any, by
measuring the width of the pathway based on the Village records, etc. It is
submitted that they are yet to get a reply from the Taluk Surveyor. Learned
counsel appearing for respondents 6 and 7 submitted that on their part there
is no encroachment, which will be substantiated by production of records
before the Panchayat at the time of hearing.
4. What remains to be done is the taking of measurement by the
Taluk Surveyor with reference to the Village records, etc. Therefore, there
will be a direction to the fifth respondent to take appropriate action as
requested for by the Panchayat as per Ext.P6 and complete the same within
a period of three months from the date of receipt of a copy of this judgment.
Based on the report, plan and other details furnished by the Taluk Surveyor,
the Panchayat will take appropriate action as enjoined by law. If any action
is proposed against respondents 6 and 7, then the Panchayat will issue
appropriate notices to them and respondents 6 and 7 will be granted
sufficient opportunity to furnish objections in the matter and only after
wpc 18047/2010 3
hearing them, further action, if any will be taken.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/