THOMAS BABU M.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners own properties within the limits of the seventh respondent Grama Panchayat. There is a "puramboke thodu" abutting the properties of the petitioners. Ext.P1 series notices have been issued to the petitioners by the Secretary of the seventh respondent Grama Panchayat alleging that they have encroached upon the "puramboke thodu" referred to above and calling them to show cause why the said encroachment shall not be removed. It is stated in Ext.P1 series notices that the District Survey Superintendent has identified the encroachments made by the petitioners after due measurements. Copies of the sketch prepared by the District Survey Superintendent in this regard was also forwarded by the Secretary of the Panchayat to the petitioners along with Ext.P1 series notices. The case set out by the petitioners in the writ petition is that the identification of the alleged encroachments has been done without issuing notice them and that steps are being taken to remove the alleged encroachments without affording the petitioners an opportunity of hearing. The petitioners, therefore, seek appropriate directions in this regard in the writ petition.

(2.) Heard the learned counsel for the petitioners.

(3.) It is evident from Ext.P1 series notices that the same have been issued in terms of Rule 5 of the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorised Occupation) Rules, 1996 (the Rules). Rule 5 of the said Rules reads thus: