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2009 Supreme(Ker) 171

S.SIRI JAGAN
N. N. Saidalavi Haji – Appellant
Versus
Secretary, Tanur Grama Panchayath – Respondent


Advocates Appeared:
For the Petitioners:K.K. Mohamed Ravuf, Advocate.

Judgment:

In this writ petition, the petitioners, who are tenants in shop rooms constructed encroaching into Panchayat land are challenging Exhibit P4 order of the 2nd respondent-Tanur Grama Panchayat issued under the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorized Occupation) Rules (hereinafter referred to as the Rules), directing them to vacate the encroached premises and Exhibit P7 series of orders of the Tribunal for Local Self Government Institutions dismissing the appeals filed by the petitioners against Exhibit P4 Order.

2. The owner of the buildings in which the petitioners are petty traders have admitted before the Panchayat that the offending constructions encroach into Panchayat land and that he is ready and willing to remove the encroachments, which according to him, were made by the petitioners without his permission and knowledge. Exhibit P1 and similar notices dated 31/01/2008 were issued to the petitioners stating that since in the survey conducted by the Revenue authorities it was found that the petitioners have encroached into Panchayat property and the District Collector had directed to evict the encroachers,



































































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