Kerala High Court

T.R.Viswambaran vs The District Collector on 7 January, 2021

                 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 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                         WP(C).No.26642 OF 2019(S)


PETITIONER:

                T.R.VISWAMBARAN
                S/O RAVUNNI,RESIDING AT THADATHIL
                HOUSE,PALAYAMPARAMBU.P.O,KALLUR VADAKKUMURI
                VILLAGE,CHALAKKUDY TALUK,THRISSUR DISTRICT,
                PIN-650 741.

                BY ADVS.
                SRI.G.HARIHARAN
                SRI.PRAVEEN.H.
                SMT.K.S.SMITHA
                SRI.V.R.SANJEEV KUMAR

RESPONDENT/S:

       1        THE DISTRICT COLLECTOR,
                CIVIL STATION,AYYANTHOLE,
                THRISSUR-680 003.

       2        THE EXECUTIVE ENGINEER,
                PUBLIC WORKS DEPARTMENT,ROADS AND BUILDINGS,
                THRISSUR-680 003.

       3        DISTRICT SURVEY SUPERINTENDENT,
                (DEPARTMENT OF SURVEY AND LAND RECORDS),
                CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.

       4        THE TAHSILDAR,
                CHALAKUDY TALUK,CHALAKUDY,THRISSUR DISTRICT-680 003.

       5        MALA GRAMA PANCHAYAT,
                MALA,THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY,
                PIN-680 732.
 W.P.(C) No. 26642/2019              :2:


        6       ANNAMANADA GRAMA PANCHAYAT,
                ANAMANADA,THRISSUR DISTRICT,
                REPRESENTED BY ITS SECRETARY,PIN-680 741.

        7       KADUKUTTI GRAMA PANCHAYAT,
                KADUKUTTI,THRISSUR DISTRICT,REPRESENTED BY ITS
                SECRETARY,PIN-680 309.


                R1-4 BY ADV. SRI.ARAVINDA KUMAR BABU T.K., SR. GP
                R5 BY SRI.PHILIP T.VARGHESE, SC, MALA GRAMA PANCHAYATH
                R6 BY ADV. SRI.O.D.SIVADAS, SC
                R7 BY ADV. SRI.SHEEJO CHACKO, SC




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
      07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 26642/2019               :3:




              Dated this the 7th day of January, 2021.

                            JUDGMENT

SHAJI P. CHALY, J.

This Public Interest Litigation is filed by a public spirited person

seeking the following reliefs:

1. Issue a writ of mandamus or any other appropriate writ or order commanding the third respondent to consider and take action on Exts. P1, P5 and P10 representations filed by the petitioner and others for fixation of boundaries on the PWD road mentioned forthwith.

2. Issue a writ of mandamus or any other appropriate writ or order commanding the first respondent to take action for removal of encroachments in the PWD roads mentioned in Exts. P1, P5 and P10 representations after the fixation of boundaries on the said road by the 3rd respondent or any other officer of the Survey and Boundaries Department in a time bound manner.

3. Issue a writ of mandamus or any other appropriate writ or order commanding the 2nd respondent for completing the upgradation of PWD road mentioned in Ext. P7 after fixation of boundaries and removal of encroachments in the said roads.

2. Brief material facts for the disposal of the writ petition are as

follows:

According to the petitioner, there is a wide spread encroachment

on the PWD road passing between Astamichira-Vainthala-Annammanada,

which is a link road between Mala-Annammanada-Astamichira-Athani,

and being aggrieved, the President of the Kadukutty Grama Panchayat

and 110 others have filed a representation before the District Collector,

Thrissur. According to the petitioner, the District Collector, on receipt of

Ext. P1 representation, has forwarded the same to the third respondent

i.e., the District Survey Superintendent, Civil Station, Ayyanthole,

Thrissur. But, no follow up action was taken by the third respondent. It is

also submitted that even though representations were subsequently

submitted before the respective statutory authorities , no action was

taken, which persuaded the petitioner to approach this Court by filing

this writ petition.

3. On 28.09.2020, when the matter was posted before this Court,

the learned Senior Government Pleader Sri. Aravindakumar Babu, on

instructions, submitted that the survey is complete in respect to the

alleged encroachment and a report would be filed before this Court

within two weeks. Accordingly, a report dated 18.12.2020 is submitted

before this Court along with survey plans of various stretches. From the

report, it is evident that the survey authority has deputed surveyors as

early as on 05.11.2019 for identifying the encroachments made to the

PWD road in question. Survey work was conducted and encroachments

were identified and detailed survey sketches were produced before the

Public Works Department

4. According to the learned Senior Government Pleader, now it is

for the State and the PWD to take appropriate action in accordance with

law for the removal of encroachments.

5. We have heard the learned counsel for the petitioner Sri. G.

Hariharan, learned Senior Government Pleader Sri. Aravindakumar Babu,

Sri. Philip T. Varghese for the 5th respondent Grama Panchayat i.e., the

Mala Grama Panchayat, Sri. O.D. Sivadas for the Annamanada Grama

Panchayat and Sri. Sheejo Chacko for Kadukutty Grama Panchayat, and

perused the pleadings and materials on record.

6. In view of the survey conducted by the District Survey

Superintendent, insofar as the roads in question are concerned, the first

relief sought for by the petitioner is satisfied and therefore, no further

directions are required. Since the Superintendent of Survey has

submitted a report to the Executive Engineer of the Public Works

Department, it is for the second respondent to take appropriate action in

accordance with law.

7. However, learned counsel for the petitioner has submitted that

some of the encroachments are not taken note of by the Superintendent

of Survey. But, the learned Senior Government Pleader has produced

today a status report dated 18.12.2020 submitted by the Executive

Engineer, PWD Roads Division, Thrissur, from where we are satisfied that

the District Survey Superintendent has issued notices to all the

respective parties, who have encroached into the PWD properties and

action is being persuaded.

8. In that view of the matter, it is for the state and the Executive

Engineer PWD Roads Division to take appropriate action in accordance

with law to evict the encroachers from the Government/PWD properties.

Since the relief sought for by the petitioner is substantially complied with

as specified above, we dispose of this writ petition directing the State

and Executive Engineer, PWD Roads and Buildings Division, Thrissur to

take appropriate action taking into account the report and survey

sketches submitted by the District Survey Superintendent, Thrissur, and

any further reports to be submitted by the District Survey

Superintendent in regard to the roads in question in accordance with

law, at the earliest and at any rate, within three months from the date of

receipt of a copy of this judgment.

S. MANIKUMAR, CHIEF JUSTICE.

SHAJI P. CHALY, JUDGE.

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MASS REPRESENTATION DATED 01.02.2019 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PRESIDENT OF KADUKUTTI GRAMA PANCHAYAT ALONG WITH 110 OTHERS INCLUDING THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SENT BY THE 5TH RESPONDENT ON 07.01.2019 ALONG WITH A COPY OF THE DECISION DATED 24.12.2018 TAKEN BY THE 5TH RESPONDENT PANCHAYAT ADDRESSED TO THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SENT BY THE 6TH RESPONDENT ON 05.12.2018 ALONG WITH A COPY OF THE DECISION DATED 05.12.2018 TAKEN BY THE 6TH RESPONDENT PANCHAYAT ADDRESSED TO THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SENT BY THE 7TH RESPONDENT ON 16.11.2018 ALONG WITH A COPY OF THE DECISION DATED 09.11.2017 TAKEN BY THE 7TH RESPONDENT PANCHAYAT ADDRESSED TO THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 24.07.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P6 TRUE COPY OF THE WRITTEN ACKNOWLEDGMENT DATED 24.07.2019 ISSUED TO THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REQUEST DATED 20.02.2019 MADE FROM THE 2ND RESPONDENT'S OFFICE ADDRESSED TO THE 3RD RESPONDENT TO FIX THE BOUNDARY OF THE PWD ROAD.

EXHIBIT P8 TRUE PHOTOGRAPHS OF THE PWD ROAD MENTIONED ABOVE EVIDENCING ENCROACHMENTS.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 21.08.2019 SUBMITTED BY THE PETITIONER ALONG WITH ROUGH SKETCH OF THE ROAD BETWEEN ASTAMICHIRA-

VAINTHALA-ANNAMANADA AND ATHANI.

EXHIBIT P11 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING DESPATCH OF EXHIBIT P10 TO THE RESPONDENTS 1 TO 3 AND ANOTHER ON 21.O8.2019.

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 12/2/2020 SENT BY THE 3RD RESPONDENTS OFFICE ADDRESSED TO THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT ALONG WITH ITS ENGLISH TRNSLATION.

EXHIBIT P13 TRUE COPY OF THE REQUEST DATED 26/2/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P14 TRUE COPY OF THE ACKNOWLEDGMENT DATED 26/2/2020 ISSUED FROM THE 1ST RESPONDENT'S OFFICE ALONG WITH ITS ENGLISH TRANSLATION

RESPONDENTS' EXHIBITS:

ANNEXURE R3(a): TRUE COPY OF THE SURVEY SKETCH OF THE FIRST STRETCH HANDED OVER TO PUBLIC WORKS DEPARTMENT.

ANNEXURE R3(b): TRUE COPY OF THE SURVEY SKETCH OF SECOND STRETCH HANDED OVER TO PUBLIC WORKS DEPARTMENT.

ANNEXURE R3(c): TRUE COPY OF THE SURVEY SKETCH OF THE THIRD STRETCH HANDED OVER TO PUBLIC WORKS DEPARTMENT.

/True Copy/

PS to Judge.