M. Babu vs District Collector
2023 Latest Caselaw 2046 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                         WP(C) NO. 2990 OF 2023
PETITIONER/S:

    1       M. BABU
            AGED 60 YEARS
            S/O MADHAVA PANICKER, RESIDING AT VELAMPARAMPIL, VTC,
            KOMANA MURI, AMBALAPPUZHA P.O., ALAPPUZHA DISTRICT, PIN
            - 688561
    2       SARATH BABU
            AGED 36 YEARS
            S/O BABU, RESIDING AT VELAMPARAMPIL, VTC, KOMANA MURI,
            AMBALAPPUZHA P.O., ALAPPUZHA DISTRICT, PIN - 688561
            BY ADVS.
            G.HARIHARAN
            PRAVEEN.H.
            K.S.SMITHA
            V.R.SANJEEV KUMAR
            GENTLE C.D.


RESPONDENT/S:

    1       DISTRICT COLLECTOR
            CIVIL STATION, ALAPPUZHA DISTRICT, PIN - 688001
    2       TAHSILDAR
            TALUK OFFICE, AMBALAPPUZHA TALUK OFFICE, ALAPPUZHA
            DISTRICT, PIN - 688013
    3       TAHSILDAR (SURVEY)
            TALUK OFFICE, AMBALAPPUZHA TALUK OFFICE, ALAPPUZHA
            DISTRICT, PIN - 688013
    4       THE VILLAGE OFFICER
            AMBALAPUZHA VILLAGE, ALAPPUZHA DISTRICT-, PIN - 688561
    5       AMBALAPUZHA SOUTH GRAMA PANCHAYATH
            AMBALAPUZHA, ALAPPUZHA DISTRICT-688001. REPRESENTED BY
            ITS SECRETARY, PIN - 688001
            SRI. BIMAL K. NATH
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2990 OF 2023                   2



                                  JUDGMENT

Petitioners had filed a complaint before the 5 th

respondent-Panchayat that the panchayat road leading to the

property of the 1st petitioner is being encroached upon by

third parties. On receipt of the complaint, the 5 th respondent

pancyhayat has taken up the matter with the 2 nd respondent

as is evident from Ext.P4.

2. Learned counsel appearing for the petitioners

would submit that the 2nd respondent may be directed to take

further proceedings pursuant to Ext.P4, within the shortest

possible time, if it has not already been concluded.

3. Learned Government Pleader would submit that

there is no objection in directing the 2 nd respondent to

conclude the proceedings initiated, following Ext.P4 request

from the 5th respondent-panchayat, if the same has not already

been concluded.

4. Having heard the learned counsel appearing for the

petitioners and the learned Government Pleader, the writ

petition will stand disposed of, directing the 2 nd respondent to

conclude the proceedings, if any, initiated on the basis of

Ext.P5 request of the 5th respondent-Panchayat unless it has

already been concluded, within a period of three months from

the date of receipt of a certified copy of this judgment. The

2nd respondent shall before concluding the proceedings issue

notice and hear any affected parties.

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 2990/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LATEST BASIC TAX RECEIPT DATED 11.10.2022 ISSUED BY THE 4TH RESPONDENT Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED 26.05.2022 SENT BY THE 2ND RESPONDENT ADDRESSED TO THE 2ND PETITIONER Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED ISSUED BY THE 5TH RESPONDENT ADDRESSED TO THE 1ST PETITIONER ON 16.01.2023 Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 03.12.2018 SENT BY THE 5TH RESPONDENT ADDRESSED TO THE 3RD RESPONDENT Exhibit P5 . A TRUE COPY OF THE THANDAPER EXTRACT RELATING TO THE ENTRY OF PURAMBOKE ROAD SITUATED IN OLD SY. NO.73/15 OF AMBALAPPUZHA VILLAGE OFFICE