Petitioner has approached this Court challenging Ext. P10, an order passed by the District Collector on the basis of a complaint given by the 3rd respondent. According to the petitioner, the Panchayat has not trespassed into any portion of the property belonging to the 3rd respondent whereas it was only concreting public road, which is already in existence. 2. The District Collector by the impugned order, has directed the Tahsildar and the District Survey Superintendent to survey the property having an extent of four cents which was purportedly belonging to the 3rd respondent and thereafter a final decision is to be taken in the matter. Further directions were issued to the Grama Panchayat to restore electricity and water connection and also to construct steps on the eastern side of the 3rd respondent's property to enable her to enter into her house. This, according to the District Collector, should be subject to any orders that might be passed by the court.
3. The petitioner submits that already an injunction suit has been filed by the petitioner before the Munsiff's Court, Manjeri and an order of status quo has been passed as Ext. P6. The suit was filed for an injunction to restrain -: 2 :-
the 3rd respondent from interfering with or encroaching into the pathway in question.
4. Having regard to the aforesaid factual situation and on a perusal of Ext. P10 order, it is clear that the District Collector had only passed an interim order. Since there is complaint by a person with reference to the land being trespassed by another person, there is nothing wrong in the District Collector calling upon the revenue authorities and the Survey Department to conduct a measurement of the property. After such consideration and after hearing affected parties, it is always open for the District Collector to pass appropriate orders. Of course, such orders would be subject to the result of any civil suit pending before any court.
In the result, the writ petition is disposed of directing the District Collector to pass final orders pursuant to Ext. P10 within a period of three weeks from the date of receipt of a copy of this judgment, and until such time, status quo shall be maintained.
Sd/- A.M. Shaffique, Judge.
Tds/