JUDGMENT

Dated this the 27th day of March, 2024 This writ petition projects the plight of a citizen, whose property has been expropriated by State functionaries, without following the due process of law. The essential facts are as under;

The petitioner is in possession and ownership of 55 cents of land in Re-Sy.No.22/28 of Chorode Village in Vadakara Taluk. The land is situated by the side of the Malolmukku-Chorode PWD road and within the limits of the third respondent Panchayat. According to the petitioner, about 12 years back, she had relinquished a portion of her property for widening and straightening of the PWD road. She had protected the remaining property by constructing a compound wall. While so, in December, 2018, certain persons under the leadership of the 8th respondent, the Panchayat member of the ward in which the petitioner's property is situated, approached her demanding surrender of more extent of land on the east- south corner, for the alleged purpose of straightening the curve of the road at that point. The petitioner thereupon told those persons about the earlier surrender and assured that she would surrender more extent if similarly placed other persons in the locality also surrender their properties. To the utter dismay and shock of the petitioner, during January, 2019, her property was encroached upon and a portion annexed to the existing PWD road by the workers of the 4th respondent, at the instance of the 8th respondent and officials of the Panchayat. In the process, the granite compound wall constructed by the petitioner was demolished for about 100 metres, some trees in her property were cut and red earth dug up and removed from the encroached portion. As the petitioner is residing away from the property, she came to know about the encroachment only after two days. By that time, the respondents had concreted and made the encroached portion of the PWD road. Adding to the petitioner's woes, she was prevented by the 8th respondent and others from constructing a compound wall to secure the remaining property. When the issue was brought to the notice of the Secretary of the third respondent Panchayat, the petitioner was told that the Panchayat had not encroached her property and the remedy was to approach the police or court for redressal of her grievance. For ascertaining the true facts, Ext.P4 queries were raised before the Panchayat under the Right to Information Act. To that, the Panchayat gave Ext.P5 reply stating that the Melolmukku-Chorode road is not included in its Asset Register and no amount was set apart or expended for repair/reconstruction of the road. In view of the stand taken by the Panchayat, the same queries were raised before the Assistant Engineer, PWD National Highway Section also. In Ext.P7, issued in reply to the queries, the Assistant Engineer stated that the Public Works Department had not acquired land for widening the road and the same was done utilising the portions of land voluntarily surrendered by the property owners. Thereafter, the Assistant Engineer issued Ext.P9 communication stating that the land utilised for reconstruction of the road had been acquired and handed over by the Panchayat. As it became evident from the evasive replies received from the Panchayat and the Public Works Department that, the said authorities were glove- in-hand and were not prepared to own the responsibility of the encroachment, this writ petition was filed seeking the following reliefs;

“(i) To issue a writ of mandamus or any other writ, order or direction directing the respondents 4 and 5 to construct the demolished portion of the compound wall of the property of the petitioner comprised in Re Survey No. 22/28 Chorode Village in Vadakara Taluk.

(ii) To issue a writ of mandamus or any other writ, order or direction directing the 2nd respondent not to insist for any permit for the construction of the compound wall on the encroached portion of the property of the petitioner comprised in Re Surve