The court directed a local authority to consider complaints regarding property encroachment within a specified timeframe, stressing the right to a fair hearing.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i. to issue a writ of Mandamus or any other appropriate writ, order or direction by directing the 1^st respondent to conduct a local inspection on the encroached property and take appropriate action for removing encroachment.

ii. to issue a writ of Mandamus or any other appropriate writ, order or direction by directing the 2^nd and 3^rd respondents to consider ExhibitP4 and P6 complaints filed by the petitioner with in a time frame.

iii. to issue any other appropriate writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case so as to secure the ends of Justice.

iv. Petitioner also pray that this Hon’ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language."

[SIC]

2. The grievance of the petitioner is that the 4^th respondent has encroached upon the petitioner’s property as well as a public thodu. The petitioner submitted Ext.P6 complaint before the 3^rd respondent. The same is not considered is the grievance of the petitioner. Hence, this Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Panchayat, the learned Government Pleader and the learned counsel appearing for the 4^th respondent.

4. After hearing both sides, I am of the considered opinion that this Writ Petition need not be retained here. There can be a direction to the 3^rd respondent to consider Ext.P6 after giving notice to the petitioner, 4^th respondent and other affected parties, if any. I make it clear that, I have not considered the matter on merit and the 3^rd respondent is free to take appropriate decision in accordance with the law.

Therefore, this Writ Petition is disposed of in the following manner:

The 3^th respondent is directed to consider and pass appropriate orders in Ext.P6 after giving an opportunity of hearing to the petitioner, 4^th respondent and other a parties, if any, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

09.01.2024 EXHIBIT P3 PHOTOGRAPHS SHOWING THE ILLEGAL CONSTRUCTION MADE BY THE 4TH RESPONDENT ENCROACHING REVENUE LAND AND CLOSE TO PETITIONER’S PROPERTY VIOLATING BUILDING RULES EXHIBIT P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 09.01.2024 EXHIBIT P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 09.01.2024 EXHIBIT P6 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 09.01.2024 EXHIBIT P7 THE RECEIPT ISSUED BY THE 3RD RESPONDENT ON ACCEPTANCE OF COMPLAINT DATED 09.01.2024 RESPONDENT EXHIBITS EXHIBIT R4(A) TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF THE 4 TH RESPONDENT’S SON ISSUED BY THE 2 ND RESPONDENT ON

07.09.2023 EXHIBIT R4(B) PHOTOGRAPH OF THE COMPOUND WALLS ON THE NORTHERN SIDE OF THE PETITIONER’S PROPERTY EXHIBIT R4(C) PHOTOGRAPH OF THE COMPOUND WALL ON THE EASTERN SIDE OF THE PETITIONER’S PROPERTY EXHIBIT R4(A) TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF THE 4 TH RESPONDENT’S SON ISSUED BY THE 2ND RESPONDENT ON

07.09.2023 EXHIBIT R4(B) PHOTOGRAPH OF THE COMPOUND WALLS ON THE NORTHERN SIDE OF THE PETITIONER’S PROPERTY EXHIBIT R4(C) PHOTOGRAPH OF THE COMPOUND WALL ON THE EASTERN SIDE OF THE PETITIONER’S PROPERTY EXHIBIT R4(D) PHOTOGRAPHS OF THE CULVERT AND WAT