K.T.BABY Vs. TAHASILDAR

JUDGEMENT

(1.) THE petitioner is aggrieved by the non compliance of Ext.P4 and he is seeking for a direction to the first respondent to issue orders to the third respondent to comply with Ext.P4 order and also to direct respondents 1 to 3 to jointly ensure the due compliance with Ext.P4 order of the Revenue Divisional Officer.

(2.) THE petitioner, as per Ext.P1 sale deed, purchased 7 cents of land in Sy. No.115/3 of Elinjipra Village, Mukundapuram Taluk which is in Kottassery Panchayat. The western boundary of the petitioner's property is puramboke land which is used as pathway by the public. This is the sole access to the petitioner's property which is stated in the sale deed also. It is stated that the fourth respondent and some persons under him obstructed the pathway during February 2010. The petitioner thereafter filed a complaint under Section 133(a) of the Code of Criminal Procedure before the Sub Divisional Magistrate, a copy of which has been produced as Ext.P2. After completing various formalities regarding enquiry by the Village Officer, the matter was pending, which compelled the petitioner to approach this Court by filing O.P.(Crl.) No.1506/2011 and this Court by Ext.P3 judgment, directed the Revenue Divisional Officer to pass appropriate orders at the earliest. The Sub Divisional Magistrate thereafter passed Ext.P4 order directing the Tahsildar to take action under the Land Conservancy Act for eviction from the puramboke land. Again, after waiting for some time, the petitioner filed a representation as per Ext.P5 which is followed by a lawyer notice, Ext.P6. Ext.P7 is the communication issued by the first respondent to the Secretary of Pariyaram Grama Panchayat to evict the encroachment. The said Panchayat by Ext.P8 communication, expressed a doubt that the puramboke road in Sy. NO.115/1 in Elinjipra Village is not within its jurisdiction. After having understood the fact that the encroached portion of the road is within Kottassery Grama Panchayat, the petitioner made a detailed representation before the first respondent seeking for a direction to Kottassery Grama Panchayat to take action in the matter. A copy of the same has been produced as Ext.P9. This is the circumstances under which the petitioner has approached this Court.

(3.) HEARD learned counsel for the petitioner, learned Govt. Pleader and learned counsel appearing for the third respondent.