IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 18989 OF 2022
PETITIONER:
SATHYAN T
AGED 45 YEARS
S/O. AANDY, THAYYULLATHIL HOUSE, PALOLI, THIRUVOD P.O,
KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN- 673614.
BY ADVS.
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH
RESPONDENTS:
1 KOTTUR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, AVITANALLUR P.O,
KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673614.
2 THE SECRETARY,
KOTTUR GRAMA PANCHAYATH, AVITANALLUR P.O, KOYILANDY
TALUK, KOZHIKODE DISTRICT, PIN-673614.
3 REVENUE DIVISIONAL OFFICER,
R.D.O OFFICE, VATAKARA, PIN-673101.
4 DISTRICT COLLECTOR,
CIVIL STATION, KOZHIKODE, PIN-673020.
BY ADVS.
SRI.ABHILASH K.N. - R1 & R2
SRI.SUNIL NAIR PALAKKAT(K/1049/1999)
SRI.JILU T.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18989 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 18989 of 2022
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Dated this the 27th day of July, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(1) To issue a writ of mandamus directing the respondents to take legal action against encroachment of public road on Kuniyil-Malayil area.
(2) To pass any order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of this Writ Petition. "[SIC]
2. The main prayer in the writ petition is to issue direction to respondents to take legal action against the encroachment of public road on Kuniyil-Malayil area. According to the petitioner, he is residing in Ward No.15 of 1st respondent Panchayath. The public pathway of Kuniyil-Malayil area was constructed with a dimension of 290 cm width and 200 meter length. According to the petitioner, certain landowners adjacent to the public pathway has encroached the pathway resulting in the WP(C) NO. 18989 OF 2022 3 pathway becoming narrow and difficult for transportation which was earlier done effortlessly. Exts.P1, P2 and P4 are the complaints filed and there was no action. It is the case of the petitioner that, Ext.P3 is the reply authenticating the dimensions of the pathway. Exts.P5 and P6 are the receipts evidencing the forwarding of Ext.P4 complaint to respondents 3 and 4 respectively. But even now there is no action. Hence this writ petition is filed.
3. Heard counsel appearing for the petitioner, counsel appearing for respondents 1 and 2 and the learned Government Pleader.
4. Counsel for the petitioner reiterated his contentions in the writ petition. The Standing counsel appearing for respondents 1 and 2 submitted that, if there is any encroachers, the Panchayath will do the needful in accordance to law.
5. After hearing both sides, I think this writ petition itself can be disposed of directing the 1 st respondent Panchayath to take appropriate steps based WP(C) NO. 18989 OF 2022 4 on Ext.P1 complaint. If there is any encroachers to the public pathway, it is the duty of the 1st respondent to see that the encroachers are removed after giving sufficient notice to them, especially because the encroachers are not made parties in this writ petition. I make it clear that the 1st respondent shall issue notice to all encroachers before taking any action. The 1st respondent will conduct a survey, if necessary, before taking action against the encroachers.
Therefore, this writ petition is disposed of in the following manner:
i. The 1st respondent will consider Ext.P1 and pass appropriate orders in it, after giving notice to the petitioner and the alleged encroachers.
ii. Appropriate steps shall be taken by the 1st respondent Panchayath, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 18989 OF 2022 5 APPENDIX OF WP(C) 18989/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF MASS PETITION FILED BY PETITIONER AND OTHER NEARBY RESIDENTS TO 2ND RESPONDENT DATED 12.12.2019 EXHIBIT P2 TRUE COPY OF COMPLAINT FILED BEFORE PRESIDENT OF RESPONDENT PANCHAYATH DATED 22.06.2020 .
EXHIBIT P3 TRUE COPY OF RTI REPLY ISSUED BY PUBLIC INFORMATION OFFICER OF THE RESPONDENT DATED 09.02.2022.
EXHIBIT P4 TRUE COPY OF COMPLAINT FILED BEFORE 2 RESPONDENT DATED 21.02.2022.
EXHIBIT P5 THE POSTAL RECEIPT EVIDENCING THE FORWARDING OF EXHIBIT P4 TO THE 3RD RESPONDENT DATED 23/02/22.
EXHIBIT P6 THE POSTAL RECEIPT EVIDENCING THE FORWARDING OF EXHIBIT P4 TO THE 4TH RESPONDENT DATED 23.02.2022.
RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE