IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 32668 of 2009(C) 1. SOSAMMA LAWRENCE, AGED 60 YEARS, ... Petitioner Vs 1. THE DISTRICT COLLECTOR, ALAPPUZHA. ... Respondent 2. THE REVENUE DIVISIONAL OFFICER, 3. THE VILLAGE OFFICER, PUNNAPRA. 4. THE TALUK SURVEYOR, AMBALAPPUZHA. 5. JOHN, AGED 50 YEARS, S/O.DAVID, 6. THE PUNNAPPRA GRAMA PANCHAYATH, For Petitioner :SRI.S.SHANAVAS KHAN For Respondent : No Appearance The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR Dated :04/03/2010 O R D E R T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.32668 OF 2009 --------------------------------------- Dated this the 4th day of March, 2010. J U D G M E N T
The petitioner is the resident of Punnapra village in
Alappuzha District. The 5th respondent is residing on the
southern side of the petitioner’s property. According to the
petitioner, the 5th respondent has encroached Government owned
land, which is lying as a pathway, having an extent of 50 metre
length and 3 metre width thereby making it impossible for the
petitioner and her family members to have access to their house
from the road.
2. Exhibit P1 is the complaint filed by the petitioner before
the 2nd respondent. The same was forwarded by the 2nd
respondent to the 3rd respondent for taking appropriate action in
the matter and the 3rd respondent submitted a report also which
is produced as Exhibit P2. Thereafter, the 4th respondent
conducted an inspection. A further report was submitted in the
matter by the 3rd respondent as per Exhibit P3 and later the 4th
W.P.(C) No.32668/2009 2
respondent also submitted a report as per Exhibit P4. Finally, the
petitioner has filed Exhibits P5 and P6 representations before the
1st respondent seeking for removal of the encroachment. The
contesting respondents have not filed any counter affidavit in the
matter.
There will be a direction to the 1st respondent to consider
and pass orders on Exhibits P5 and P6, after hearing the
petitioner and the respondents 5 and 6 and after conducting due
enquiry, within a period of two months.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
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