Varghese K.P vs The District Collector
2021 Latest Caselaw 17473 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                   &
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                        WP(C) NO. 17268 OF 2021
PETITIONER/S:

            VARGHESE K.P, S/O PETER,
            AGED 58 YEARS, KAVILESWARATH HOUSE, KANDANAD P.O.,
            ERNAKULAM DISTRICT, PIN - 682305

            BY ADVS.
            DAISY A.PHILIPOSE
            JAI GEORGE



RESPONDENT/S:

      1.    THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD P.O.,
            ERNAKULAM DISTRICT, PIN - 682030

            THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE
            ENGINEER, PUBLIC WORKS DEPARTMENT, (ROADS DIVISION),
      2.    THRIKAKKARA P.O., ERNAKULAM DISTRICT, PIN - 682021

            THE ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT
            ENGINEER PUBLIC WORKS DEPARTMENT, (ROADS DIVISION),
      3.    THRIPPUNITHURA P.O., ERNAKULAM DISTRICT, PIN - 682301

      4.    UDAYAMPEROOR GRAMA PANCHAYATH, OFFICE OF THE
            UDAYAMPEROOR GRAMA PANCHAYATH, UDAYAMPEROOR P.O., PIN -
            682307, REPRESENTED BY ITS SECRETARY.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17268 OF 2021
                                          2

                                  JUDGMENT

S.MANIKUMAR,C.J.

The instant writ petition is filed by the petitioner seeking the

following reliefs:-

"a. Issue a writ of mandamus, directing the respondents 1 to 3 to take immediate and effective steps to evict all the persons who encroached into the government land on both sides of Udayamperoor - Kandanad Road, Kandanad - Vattakkunnu Road, and Kandanadu - Kureekadu Road passing through the Udayamperoor Panchayat and to restore the width of the road in accordance with law.

b. Issue a writ of mandamus directing the respondents 1 to 4 to take appropriate action to make proper drainage canal on the side of Kandanadu Branch road, to avoid flooding during rainy season.

c. Issue a writ of mandamus directing the respondents No. 1 to 4 to consider the Exhibit P2 and Exhibit P3 representations and pass appropriate orders, expeditiously.

d. Grant such other reliefs that may be deemed fit to this Honorable court in the interest of justice."

2. The petitioner is aggrieved by the encroachment of Government

land on the sides of roads by the private persons, thereby reducing the width

of Udayamperoor - Kandanad Road, Kandanad - Vattakkunnu Road, and WP(C) NO. 17268 OF 2021

Kandanad - Kureekadu Road in the Udayamperoor Panchayath. As per the

survey plan, the said roads are having a width ranging between 7.5 to 34.2

meters. However, the margins of the said roads had been encroached by the

private persons and reigious institutions at several places. As a result, the

width of the road has been reduced, causing serious inconvenience to the

pedestrians as well as the persons travelling through the road. The petitioner

submitted a representation before the 1st respondent, District Collector,

Ernakulam, requesting to evict the encroachments on the road margins and to

restore the width of the roads based on the relevant revenue records. The

petitioner also submitted a complaint before the Chief Minister's Grievance

Redress Cell, regarding the rampant encroachment on the road margins.

3. Acting on the complaint of the writ petitioner as per letter

addressed to the Hon'ble Chief Minister's Grievance Redress Cell, forwarded

to the Executive Engineer, Public Works Department, Roads Division,

Ernakulam, replied as per Ext.P4 dated 23.03.2021, and submitted a report

before the Additional Private Secretary of the Chief Minister as regards the

encroachments on the roads mentioned in the complaint of the writ

petitioner, and that the Tahsildar, Ernakulam, has been requested to fix the

boundaries. Thereafter, as per Ext.P5 dated 02.02.2021, the Executive

Engineer, Public Works Department, Road Division, Ernakulam, has

requested the Tahsildar, Kanayannur Taluk, Ernakulam, to take immediate WP(C) NO. 17268 OF 2021

action for fixing the boundaries on both sides of the property belonging to the

Public Works Department. Ext.P5 dated 03.03.2021 is extracted as under:-

"Your kind attention is invite to the above reference. The existing surface of the Kandanad road has only been resoled. The drains which were constructed years ago on both sides of the above road are still in good condition. The places where there was water logging in this road have been raised using (70 mm) interlocking tiles. The works still remaining are the resoling of the Peppathy branch road and Mamala branch road mentioned in the complaint. Regarding the encroachment on the roads, mentioned in the complaint, the Tahsildar, Ernakulam was requested to fix the boundaries. The above facts are submitted for your information."

4. From the above, it could be seen that, addressing the grievance of the

petitioner that the encroachments on both sides of the Udayamperoor -

Kandanad Road and Kandanad - Vattakkunnu Road, there is an inter

department correspondence between the Executive Engineer, Public Works

Department and the Tahsildar to fix the boundaries so as to identify the

encroachments.

5. During the course of arguments, Sri. P.N.Sukumaran, learned

Counsel appearing for the Udayamperoor Grama Panchayath, represented by

the Secretary, submitted that the road belongs to the Public Works

Department, per contra, it is the contention of Sri. K.P.Harish, learned Senior WP(C) NO. 17268 OF 2021

Government Pleader that, maintenance of the roads is vested with the above

said Panchayath. For ascertaining as to whether there is encroachments on

Udayamperoor - Kandanad Road and Kandanad - Vattakkunnu Road, it is the

duty of the authorities to take appropriate action in accordance with law and

if there are encroachments, it is for the appropriate statutory

authority/authorities to remove the same in accordance with law.

Accordingly, we direct respondent No.1, District Collector, Ernakulam,

respondent No.2, The Executive Engineer, Public Works Department,

Ernakulam, respondent No.3, The Assistant Engineer, Public Works

Department, Ernakulam and respondent No.4, Udayamperoor Grama

Panchayath, represented by the Secretary, to take comprehensive action to fix

the boundaries and take appropriate steps for removal of encroachments, in

accordance with the statutory provisions. Such exercise be done within four

months from the date of receipt of a copy of this judgment.

With the above directions, the writ petition is disposed of.

Sd/-

S.MANIKUMAR CHIEF JUSTICE

Sd/-

                                                                  SHAJI P.CHALY
uu/26.08.2021                                                         JUDGE
 WP(C) NO. 17268 OF 2021




                           APPENDIX
PETITIONER'S/S EXHIBITS:


EXHIBIT P1            A TRUE COPY OF THE SURVEY PLAN IN RESPECT OF
                      THE VARIOUS STRETCHES OF UDAYAMPEROOR -

KANDANAD ROAD, KANDANAD - VATTAKKUNNU ROAD, AND KANDANAD - KUREEKADU ROAD

EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHER BEFORE THE 3RD RESPONDENT WITH ITS TRANSLATION

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 21.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH ITS TRANSLATION

EXHIBIT P4 A TRUE COPY OF THE LETTER NO.E-1527/17/234 DATED 23.03.2021 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE ADDITIONAL PRIVATE SECRETARY OF THE CHIEF MINISTER, WITH ITS TRANSLATION

EXHIBIT P5 A TRUE COPY OF THE LETTR NO.E-1527/17/234 DATED 03.03.2021 ISSUED BY THE 2ND RESPONDENT TO THE TAHSILDAR, KANAYANNUR TALUK, WITH ITS TRANSLATION

EXHIBIT P6 A TRUE COPY OF THE LETTER NO.ASG210224938/2021/OEEPE DATED 25.03.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER, WITH ITS TRANSLATION