Arun Prabhakaran vs Tahsildar, Office Of Tahsildar

Murali Purushothaman, J

The petitioner claims to be the owner in possession of an extent of 18.459 cents of land in Aymanam Village of Kottayam Taluk. The case of the

petitioner is that the public way leading to the petitioner's property is encroached by the 5th respondent and additional respondents 6 and 7. The

petitioner submits that he had submitted Exts.P6 and P8 representations before the 4th respondent. However, the Panchayath has not taken any steps

to remove the illegal encroachment made in the public pathway. Accordingly, the petitioner has filed this writ petition with the following prayers:

i. Issue a writ, order or direction in the nature of Mandamus commanding the Respondent Nos. 3 & 4 to forthwith take action on Exhibits P6, P7 and P8 and to remove

the illegal encroachment on the public pathway; and

ii. Issue a writ, order or direction in the nature of Mandamus commanding the Respondent Nos. 3 & 4 to take further action as mandated under law to remove the

unauthorized encroachment, within a timeframe to be stipulated by this Hon'ble Court; and

iii. Pass such any other direction, order or reliefs, as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience.

Heard the learned Counsel for the petitioner, learned Government Pleader and the learned Counsel appearing for the respondents.

Both parties agreed that the issue involved in this writ petition can be given a quietus by directing the 4th respondent to consider and dispose of

Exts.P6 and P8 representations, after hearing the petitioner and all other respondents, including the 5th respondent and additional respondents 6 and 7

and after going through the relevant revenue records. In the nature of the order, I am proposing to issue, notice to the additional 7th respondent, who is

impleaded today by order in I.A.No.1/2021 is dispensed with.

There will be a direction to the 4th respondent to consider and pass appropriate orders on Exts.P6 and P8 representations, after notice to the

concerned Village Officer, the 5th respondent and the additional respondents 6 and 7 and after hearing them with reference to the relevant revenue

records. The petitioner shall produce a copy of the writ petition with all exhibits before the 4th respondent and the 4th respondent shall pass orders on

Exts.P6 and P8 representations, within a period of 8 weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of accordingly.