IMPORTANT POINTS
The provisions under sub-section (3) of Section 367, Section 369 and clause (a) of Section 372 of the Kerala Municipality Act, the unauthorised constructions made encroaching upon the public street including footpath, causing obstruction to the users of the street, including pedestrians, will have to be removed by the Secretary without any notice to the person who made such unauthorised constructions.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner, who is stated to be the owner in possession of 4 Ares 5 Sq. Mtr. of property comprised in Re-survey No. 53/½ of Vizhinjam Village in Neyyattinkara Taluk, covered by Ext.P1 sale-deed No. 1513/2018 dated 22.10.2018 of the Sub-Registrar Office, Venganoor has filed this writ petition under Article 226 of the constitution of India, seeking a writ of mandamus commanding the 3rd respondent, who is the Secretary of the 2nd respondent Corporation to exercise his powers under sub-section (3) of Section 367 of the Kerala Municipality Act, 1994 and summarily evict the encroachment of the 4th respondent DYFI Kovalam Unit, within a time frame to be fixed by this Court. The petitioner has also sought for a writ of mandamus commanding the 3rd respondent to consider Ext.P4 representation dated 27.02.2019, after hearing the petitioner within a time limit to be fixed by this Court.

2. Going by the averments in the writ petition, the property covered by Ext.P1 sale-deed is being used as a parking area for an Ayurvedic Hospital run by the petitioner's husband. The employees as well as patients coming to that hospital are using that parking area. The said property lies on the eastern side of a Corporation Road by name Peacock Road. The members of the 4th respondent unit have put up a seating arrangement in front of the petitioner's property, by placing a concrete slab, partially blocking the entry to her property. The petitioner has placed on record Exts.P2 and P3 photographs showing the unauthorised constructions made in front of her property and that on the road leading to the hospital of her husband. The petitioner preferred Ext.P4 representation dated 27.02.2019 before the 3rd respondent to remove the illegal encroachment and the said representation has already been acknowledged vide Ext.P5 receipt dated 27.02.2019. Due to inaction on the part of respondents 2 and 3 in removing those unauthorised constructions, the petitioner has approached this Court in this writ petition, seeking various reliefs.

3. On 03.04.2019, when this writ petition came up for admission, the learned Government Pleader took notice on admission for the 1st respondent. The learned Standing Counsel for the Corporation took notice on admission for respondents 2 and 3. Urgent notice on admission by speed post was ordered to the 4th respondent, returnable by 12.04.2019. The learned Standing Counsel for the Corporation was directed to file a statement.

4. Since service of notice was not complete on the 4th respondent, fresh notice was ordered to the said respondent on 29.05.2019, by special messenger, returnable by 06.06.2019.

5. On 06.06.2019, when this writ petition came up for consideration, despite service of notice, none appeared for the 4th respondent. The learned Standing Counsel for respondents 2 and 3 sought further time to get instructions. This Court ordered that a statement of the 3rd respondent shall be placed on record by 14.06.2019 explaining the steps, if any, taken for removing the encroachment on public road by the 4th respondent and others.

6. On 14.06.2019, when this writ petition came up for consideration, this Court suo motu impleaded the Secretary to Government, Local Self Government Department, as additional 5th respondent. The order of this Court dated 14.06.2019 reads thus:

“The Secretary to Government, Local Self Government Department, Government Secretariat, Thiruvananthapuram, is suo motu impleaded as the additional 5th respondent.

2. The learned Government Pleader enters appearance for the additional 5th respondent.

3. The Indian Road Congress has issued Guidelines for Pedestrian Facilities vide IRC No. 103-2012. Paragraph 3 of the said guidelines deals with the scope of those guidelines. These guidelines cover engineering design and planning aspects of pedestrian facilities on road sides and road crossings in urban and semi-urban areas (Para 3.2). The guidelines are intended for use by the local authoritie