The petitioners have approached this Court with the following prayers:- “i) To issue a writ of mandamus or any other appropriate writ order or direction to 1st respondent to make the conditional order absolute in the wake of Exts.P11 and P12 within such time fixed by this Hon'ble Court;
ii) To issue a writ of mandamus or any other appropriate writ order or direction to respondents 2 and 3 to take a decision on Exts.P1 to P6 by considering Exts.P11 and P12 within such time fixed by this Hon'ble Court”
2. The learned counsel for the petitioners submits that, there is absolutely no encroachment on the part of the petitioners over the pathway for the PWD road. Because of the insinuation made against the petitioners, the 1st respondent passed a conditional order, vide Ext.P10, under Section 133 of the Criminal Procedure Code. Subsequently, the property was measured out and Ext.P11 report was submitted by the Taluk Surveyor with a plan and Ext.P12 is the report dated 21.02.2014 W.P.(C) No.24990 of 2014 2 of the Additional Tahsildar, Kattakada These proceedings have been submitted before the 1st respondent. But the issue is still to be finalised and hence the grievance.
3. It is also contended that, the applications preferred by the petitioner, vide Exts P1 to P6, are still pending consideration before the 3rd respondent. As per Ext.P12 report, it has been categorically made clear that there is no 'puramboke' in the property owned and possessed by the petitioner and this being the position, Exts.P1 to P6 applications, submitted by the petitioner for permitting them to construct a compound wall, is liable to be considered and appropriate orders are liable to be passed within a shortest possible time.
4. Despite completion of service of notice on the respondent Panchayat, they have not chosen to appear before this Court and contest the matter.
5. In the said circumstances, there will be direction to the 1st respondent to pass final order pursuant to Exts.P10,11 and 12. It shall be done at the earliest, at any rate, within two months from the date of receipt of a copy of the judgment. The third respondent is directed to consider Exts.P1 to P6 and pass W.P.(C) No.24990 of 2014 3 appropriate orders also, in the light of Ext.P11 and P12. It shall be done within two months from the date of receipt of a copy of the judgment.
The writ petition is disposed of as above.
P.R.RAMACHANDRA MENON,
JUDGE
sj