SAIDALAVI HAJI Vs. TANUR GRAMA PANCHAYAT

JUDGEMENT

(1.) In this writ petition, the petitioners, who are tenants in shop rooms constructed encroaching into Panchayat land are challenging Ext. P4 order of the 2nd respondent Tanur Grama Panchayat issued under the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorised Occupation) Rules (hereinafter referred to as the 'Rules'), directing them to vacate the encroached premises and Ext. P7 series of orders of the Tribunal for Local Self Government Institutions dismissing the appeals filed by the petitioners against Ext. P4 order.

(2.) The owner of the buildings in which the petitioners are petty traders have admitted before the Panchayat that the offending constructions encroach into Panchayat land and that he is ready and willing to remove the encroachments, which according to him, were made by the petitioners without his permission and knowledge. Ext. P1 and similar notices dated 31/01/2008 were issued to the petitioners stating that since in the survey conducted by the Revenue Authorities it was found that the petitioners have encroached into Panchayat property and the District Collector had directed to evict the encroachers, the petitioners shall vacate the encroached portion on or before 01/02/2008. The petitioners challenged that notice before this Court in WP (C) No. 4285/2008, in which, by Ext. P2 judgment dated 11/02/2008, this Court directed the Panchayat to pass orders. Pursuant to the same, the 1st respondent passed Ext. P4 order, against which the petitioners filed Appeal Nos. 156/2008, 158/2008, 157/2008, 159/2008 and 160/2008 which have been dismissed by the Tribunal by Exts. P7, P7(1), P7(2), P7(3), and P7(4) orders.

(3.) The petitioners are challenging the said orders on the following grounds: