JUDGMENT

Dated this the 6th day of June, 2022 The petitioners, who are residing adjacent to Reethupalli Revenue Puramboke Road, are before this Court aggrieved by the illegal encroachment being committed by respondents 7 to 9. The petitioners seek to dispose of Exts.P5 and P6 petitions submitted to the 6th respondent in a time bound manner.

2. The petitioners state that they are residing adjacent to Reethupalli Revenue Puramboke Road having a length of 100 metres and width of 3 metres. The road is included in the Asset Register. Respondents 7 to 9, who are close relatives, are also residing adjacent to the said road.

3. Now, respondents 7 to 9 have constructed a house encroaching the Revenue Puramboke Road, by 6 feet. The petitioners preferred various complaints before the appropriate respondents. However, no action has been taken against the encroachment so far. The petitioners would submit that the vehicular traffic through the road has been obstructed by the illegal encroachment and unauthorised construction. Therefore, unless the respondents act appropriately, the petitioners and general public will be put to undue hardship.

4. I have heard the learned Government Pleader representing respondents 1 to 5 and the learned Standing Counsel representing the 6th respondent. In view of the nature of the reliefs to be granted in this writ petition, notice to respondents

7 to 9 is dispensed with.

5. According to the petitioners, respondents 7 to 9 have constructed a building encroaching upon Government Puramboke land. The said encroachment causes undue hardship to the travellers and the petitioners. The petitioners have therefore, preferred Exts.P5 and P6 complaints before the 6th respondent-Panchayath. In view of the nature of the allegations made in the writ petition, this Court is of the view that the 6th respondent should consider the complaints made by the petitioners and take a decision thereon after giving an opportunity of hearing to the affected parties.

In the facts and circumstances of the case, the writ petition is disposed of directing the 6th respondent to consider and pass orders on Exts.P5 and P6 representations submitted by the petitioners within a period of two months, after affording an opportunity of hearing to a representative of the petitioners and a representative of respondents 7 to 9. If the 6th respondent need the assistance of respondents 4 and 5 for ascertaining the encroachment, respondents 4 and 5 shall extend necessary help. It is made clear that this Court has not pronounced anything on merits, on the complaint raised by the petitioners.

Sd/-

N.NAGARESH JUDGE smm APPENDIX OF WP(C) 18127/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT EXTRACT OF THE ASSET REGISTER OF THE PANACHHIKKAD GRAMA PANCHAYATH.

Exhibit P2 THE TRUE COPY OF THE ROUGH SKETCH SHOWING THE ENCROACHMENT OF THE RESPONDENTS 7 TO 9.

Exhibit P3 THE TRUE COPY OF THE F.M. SKETCH SHOWING THE REETHUPALLIREVENUE PURAMBOKE ROAD.

Exhibit P4 A THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 1ST PETITIONER DATED 19-5-2020.

Exhibit P4 B THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE MOTHER IN LAW OF THE 2ND PETITIONER DATED 2-6-2022.

Exhibit P5 A TRUE COPY OF THE PETITION FILED BY THE

1ST PETITIONER BEFORE THE 6TH RESPONDENT PANCHAYATH DATED 5-1-2021.

Exhibit P5 B THE TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER BEFORE THE 6TH RESPONDENT PANCHAYATH DATED 12-1-2021.

Exhibit P6 A THE TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE 6TH RESPONDENT PANCHAYATH DATED 20-4-2022.

Exhibit P6 B THE TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER BEFORE THE 6TH RESPONDENT PANCHAYATH DATED 22-4-2022.

Exhibit P7 THE TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER BEFORE THE OFFICE OF THE R.D.O.