IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26419 of 2010(B)
1. SHEELA BABU,AGED 54 YEARS
... Petitioner
Vs
1. THE ELAMKUNNAPUZHA GRAMA PANCHAYATH
... Respondent
For Petitioner :SRI.P.GOPALAKRISHNA MENON
For Respondent :SRI.S.SHANAVAS KHAN
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :17/09/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 26419 OF 2010
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Dated this the 17thday of September, 2010
J U D G M E N T
Heard the learned counsel on both sides.
2. The petitioner is a resident of Elamkunnapuzha Grama
Panchayat. Her house is situated by the side of the Old Panchayat
road. It appears, the said road was blocked by persons residing on
its either side thereby preventing the movement of vehicles. The
petitioner and others thereupon moved the Revenue Divisional
Officer, Fort Cochin under Section 133 of the Code of Criminal
Procedure, 1973 for removal of the obstruction. On receipt of the
said application, the Revenue Divisional Officer called for a report
from the Village Officer, Puthuvyppu Village who submitted a report
after a local inspection to the effect that the Old Panchayat road has
been trespassed upon. The Revenue Divisional Officer thereupon
sent Ext.P2 letter dated 26.7.2010 to the Secretary of
Elamkunnapuzha Grama Panchayat calling upon him to evict the
encroachments and to make the road fit for movement of vehicular
traffic. This writ petition is filed contending that though nearly two
months have passed after Ext.P2 letter was received, the Panchayat
WPC No.26419/2010 2
has not taken steps to remove the encroachments into Old
Panchayat road.
3. Sri. Shanavas Khan, the learned standing counsel,
appearing for the respondent, submits on instructions that Ext.P2
letter has been placed before the committee of the Panchayat and
that the committee of the Panchayat has authorised the Secretary to
take such steps as are required to remove the encroachments and
that that the encroachments will be removed within three months.
In the light of the said submission, I dispose of the writ petition
with a direction to the Elamkunnapuzha Grama Panchayat and its
officers to remove the encroachments into Old Panchayat road within
the local limits of Elamkunnapuzha Grama Panchayat, after following
the procedure prescribed in the Kerala Panchayat Raj (Removal of
Encroachment and Imposition and Recovery of Penalty for
unauthorised Occupation) Rules, 1996 expeditiously and in any
event within three months from today.
P.N.RAVINDRAN,
(JUDGE)
vps
WPC No.26419/2010 3