Judgment:
A.K. Basheer, J.
1. This writ appeal is directed against the order passed by the learned Single Judge in R.P. No. 1081 of 2009 in W.P.(C) No. 17794 of 2008.
2. The writ petition was filed by respondent No. 5 herein praying for issue of a writ of mandamus or such other appropriate writ, direction or order to respondents 1 to 3 to remove the unauthorised structures allegedly put up by the appellant with the help of Deputy Superintendent of Police, Chengannur.
3. The learned Single Judge disposed of the writ petition by judgment dated July 17, 2009 directing respondents 1 to 3 to facilitate measurement of the property in question with notice to the writ petitioner and the appellant. The learned Judge issued the above direction pursuant to the agreement reached between the parties. It was recorded by the learned Judge that the appellant had undertaken that the unauthorised structures would be demolished by it, if it was found, on measurement of the property, that the unauthorised structures were constructed on the puramboke land.
4. The appellant took exception to the above direction issued by the learned Single Judge in the petition for review on the plea that the learned Judge had failed to notice the tenor of the undertaking given by the appellant. It was contended that the undertaking was only in tune with the resolution passed by the appellant-committee and therefore, the direction issued by the learned Single Judge was liable to be reviewed. The contention was that the appellant-committee had only agreed to get the property measured on the basis of or with reference to the 'old records' and not on the basis of resurvey records. According to the appellant, the resurvey records were faulty since the property of the appellant was wrongly shown as part of road puramboke. This mistake in resurvey records had occurred because the properties were not measured properly.
5. The learned Single Judge took the view that there was no merit in the said contention and dismissed the review petition. Hence this writ appeal.
6. When this writ appeal was taken up for consideration on the previous occasion, it was brought to our notice that pursuant to the direction issued by the learned Single Judge, the property had been reportedly measured by the authority concerned. Learned Government Pleader sought time to get instructions from the officer concerned and the case was accordingly adjourned.
7. Today, when the case is taken up for further consideration, learned Government Pleader submits that the Tahsildar, Mavelikkara had already measured the property on September 22, 2009 pursuant to the direction issued by the learned Single Judge.
8. It is seen from the report of the Tahsildar that on measurement of the land in question, which is situated in Resurvey. No. 211/1 of Block 10 of Thekkekara Village, it has been found that the appellant has encroached 81 sq.metrs. of road puramboke. Similarly the owner of the land bearing Resurvey No. 36/16 of Block 99, has also encroached 4 sq. mtrs. of the above puramboke land. It is further revealed from the report, which is made available for our perusal, that the measurement was carried out in the presence of the writ petitioner as well as the appellant and with reference to the resurvey records. We do not propose to make any observation on the above report or the contents thereof.
9. In our view, this writ appeal can be disposed of without considering the merit of any of the contentions raised by the appellant at this stage, since the writ appeal, as it is, has become infructuous, especially in view of the intervening development referred to by us. The appellant has to necessarily pursue the remedy available to it in accordance with law.
10. Learned senior counsel points out that the appellant has already approached the District Collector, Alappuzha and submitted Annexure XI representation highlighting its grievances and requesting for necessary action. It will be open to the appellant to pursue the remedy available to it in accordance with law. We make it clear that we have not considered the merit of the contentions raised by the parties in this appeal.
11. The Tahsildar shall ensure that copy of the report and sketch prepared by him are made available to the appellant as well as the writ petitioner within seven days from today. It shall be served on the parties under proper acknowledgement.
Writ appeal is disposed of in the above terms.