2023/KER/54865 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 13^TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945 WP(C) NO. 25836 OF 2023 PETITIONER:

C. RADHAKRISHNAN AGED 67 YEARS S/O. KRISHNAN NAIR, RESIDING AT KRISHNA, CHEERAMKUMARATH HOUSE, ADAT P O, THRISSUR, PIN - 680551 BY ADV T.H.ARAVIND RESPONDENTS:

1 ADAT GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PURANATTUKARA THRISSUR DISTRICT, PIN - 680551

2 SECRETARY. ADAT GRAMA PANCHAYATH PURANATTUKARA P O, THRISSUR DISTRICT, PIN - 680551

3 TALUK SURVEYOR TALUK OFFICE, CHEMBUKKAVU, THRISSUR, PIN – 680020 ADDL.R4 THE TAHSILDAR(LR)

THRISSUR, CHEMBUKKAVU, THRISSUR, PIN 680020 ADDL.R4 IS SUO MOTU IMPLEADED AS ADDITIONAL 4TH RESPONDENT IN THE WRIT PETITION AS PER THE JUDGMENT IN WPC 25836/2023 DATED 13.09.2023 OTHER PRESENT:

SRI. P.P THAJUDEEN, SC R1&R2 SRI.BIMAL K NATH-SR.GP FOR R3 & ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MURALI PURUSHOTHAMAN, J --------------------------------------------

W.P(C) No.25836 of 2023 -----------------------------------------

Dated this the 13^th September, 2023

J U D G M E N T

Alleging encroachment on the puramboke land and road vested in the Panchayath, the petitioner approached the respondents 1 and 2, and the Panchayath Committee has taken Ext.P4 decision dated 20.10.2020 to request the Taluk Surveyor to measure the puramboke land for the purpose of taking action for removal of encroachment. The grievance of the petitioner is that no further steps have been taken by the Panchayath for removal of encroachment from the puramboke land.

2. The learned Standing Counsel for the Panchayath, on instruction submits that pursuant to the resolution passed by the Panchayath Committee on 27.10.2020, a letter was issued to the 3^rd respondent-Taluk Surveyor on 25.11.2020 to measure the property. It is also submitted that a reminder was sent on 22.11.2022. However, no steps whatsoever have been taken by the 3^rd respondent Taluk Surveyor for measurement of the property. Accordingly, the petitioner has approached this Court for a direction to the 1^st respondent Panchayath to fix the boundary of the road after conducting a survey.

3. Heard the learned Counsel appearing for the petitioner, the learned Standing Counsel for the Panchayath and the learned Government Pleader for the State.

4. It is submitted by the learned Government Pleader that if the Panchayath forwards the the copy of the resolution dated 20.10.2020 along with a copy of the letters referred to above, to the Tahsildar (LR), the said authority will take appropriate action on the request of the Panchayath for measurement of the puramboke land.

5. In view of the above submission, the Tahsildar (LR), Thrissur is suo motu impleaded as the additional 4^th respondent in the writ petition.

6. Accordingly, the respondens 1 and 2 are directed to forward Ext.P4 resolution along with the letters referred to above to the Tahsildar(LR), within a period of two weeks from the date of receipt of a certified copy of this judgment. On receipt of the same, the additional 4^th respondent will take necessary steps for the measurement of the property in question and complete the survey within a period of four months.

Writ petition is disposed of.

Sd/=

MURALI PURUSHOTHAMAN, JUDGE jma APPENDIX OF WP(C) 25836/2023 PETITIONER EXHIBITS Exhibit 1 TRUE COPY OF COMPLAINT DATED 28/2/2020 FILED BEFORE THE 1ST RESPONDENT Exhibit P 2 TRUE COPY OF RECEIPT FOR EXHIBIT P 1 DATED

6/3/2020 Exhibit P 3 TRUE COPY OF APPLICATION DATED 18/11/2020 Exhibit 4 TRUE COPY OF RELEVANT PORTION OF MINUTES OF THE GENERAL MEETING DATED 27/10/2020 Exhibit 5 TRUE COPY OF THE LEGAL NOTICE DATED

10/11.2022 Exhibit P 6 TRUE COPY OF THE RECEIPT OF EXHIBIT P 5 DATED 15/11/2022