Point of Law: Delay reflects inactivity and inaction on the part of a litigant - a litigant who has forgotten the basic norms, namely, “procrastination is the greatest thief of time” and second, law does not permit one to sleep and rise like a phoenix. Delay does bring in hazard and causes injury to the lis.

JUDGMENT :

S. MANIKUMAR, J.

1. This writ petition is filed challenging Ext. P5 order, HRMP No. 8402/2014 dated 11.12.2017 and also seeking for a direction to declare that the complaint preferred by the 3rd respondent is barred by limitation as per Section 36(2) of the Protection of Human Rights Act, 1993 (‘Act 1993’ for short) and clause 17(d) of the Kerala Human Rights Commission (Procedure) Regulations, 2001 (‘Regulations 2001’ for short) and that the petitioner Panchayat is not liable to pay any compensation or to construct retaining wall to the 3rd respondent as directed in Ext. P5.

2. Materials on record discloses that respondent No. 3 has submitted Ext.P1 application before the Kerala State Human Rights Commission and the same reads thus:

APPLICATION SUBMITTED BEFORE THE HUMAN RIGHTS COMMISSION

From

Jayasree S.

Shyni Nivas,

Kodithookkiya Kunnu P.O.

Kallara

Sir,

I am residing at Shyni Nivas, K.T Kunnu, Kallara Village, Nedumangad Taluk, Thiruvananathapuram District. I am a widow and mother of two daughters. For a project of KWA in 1996, a road was constructed starting from my property. For surrendering my property for road construction, Kallara Panchayat told me to pay a decent amount. And due to the promise, they made me to sign in a white paper for the purpose of written consent. Even after many years there has not been any final decision regarding the fund as promised. Complaint was given to many authorities but it was of no use. In 2009 I submitted a complaint to the office of the Hon’ble Chief Minister. After that I gave a complaint to the water authority, then a complaint was given to Kallara Grama Panchayath (RT), then to the District Collector. Finally during the expansion of the PWD Road, for rendering justice I preferred a complaint to the Assistant Executive Engineer. All the complaints that I have preferred and the responses have been attached here. I am a widow and I have not been given justice from anywhere till now. The initial plan was to construct the road by taking 2.5 meters from either side and thereby to construct a 5 meter width by the water authority. My property starts from the main road. The owner of the property which is situated on the opposite side of my property had misused my property and even after constant objection from my side, my property was encroached without my permission and using JCBs they laid pipe on my land. My house is almost 10 feet above the road. After each rain, due to the removal of earth by the PWD and KWA, my property is in a dangerous position. After each rain landslides are happening. I preferred many complaints against different authorities. Water Authority has promised to rectify the damage if they get a report from the Panchayat. I am entitled for compensation for the property surrendered by me and also entitled to get back the property encroached by them on the basis of the old sketch and plan. Immediate steps may be taken to protect my house and property. I humbly request to take urgent steps to protect my interest in this regard.

Faithfully,

Jayasree S.

Place: Kodithookkiya Kunnu

Date: 05.09.2014

3. After receiving the notice on 01.10.2014 from the office of the Kerala Human Rights Commission, the petitioner has sent a reply dated 21.10.2014, which reads thus:

From,

Secretary,

Kallara Grama Panchayat.

To,

Secretary,

Human Rights Commission

Sir,

Sub: Representation submitted by Smt. Jayasree demanding price of the property, which was surrendered to the Kerala Water Authority by the Kallara Grama panchayat - reply report.

Reg: Ref: Letter No. HRMP/14/TVM/HRC dated 1.10.2014 from your office.

Attention invited to the reference. Enquiry conducted regarding the above subject reveals that the dispute is with regard to the mud road constructed for access to the water tank erected to the Kerala Water Authority in KT Kunnu Ward of Kallara Grama Panchayat, which lies from Varikkaplamoodu Junction to KT Kunnu PWD road. Now the road is having a width of 4.7 meter to 4.5 meters and having around 150 me