The court upheld eviction orders against encroachers on river puramboke, emphasizing the lack of legal basis for regularization under the Special Rules and the necessity of maintaining free flow of rivers.

JUDGMENT

Muralee Krishna, J.

These writ petitions are filed under Article 226 of the Constitution of India by the petitioners who are occupying properties by the side of Panniyar river at Pooppara in Idukki District. W.P.(C)No.17702 of 2024 is filed by the petitioner therein seeking a writ of mandamus commanding the 5^th respondent to decide on the regularisation and occupation of 5 cents of property in survey No.23/1 of Pooppara Village under the Kerala Land Assignment (Regularisation of Occupation of Forest Lands prior to 1.1.1977) Special Rules 1993, within a time limit fixed by this Court and a writ of mandamus commanding respondents 2 to 4 not to evict the petitioner from the aforesaid 5 cents of property before deciding the entitlement of the petitioner for regularization of occupation/assignment by the 5^th respondent. W.P.(C)No.20022 of 2024 is filed by the petitioners therein seeking a writ of mandamus commanding the respondents not to evict them before deciding the scope of rehabilitation of affected persons of the eviction drive of the 1^st respondent State of Kerala as ordered by this Court in Ext.P19 common order dated 14.02.2024 in W.P.(C) Nos.4224 and 5077 of 2024 and a writ of mandamus commanding respondents 2 to 4 not to evict the petitioners from the properties in their possession before finalisation of S.L.P. (Civil) No.17060 of 2024 before the Apex Court.

2. The petitioner in W.P.(C)No.17702 of 2024 pleaded that his father C.V Joseph purchased 7 cents of property in survey No.23/1 of Pooppara Village prior to 1977 from one P.V Pappachan. His father had constructed a building bearing No.472/III of Santhanpara Panchayat and it was renovated from time to time. Tea Shops, stationery shops and even toddy shops were running in the building with the licence issued by the Panchayat. Even prior to 1977 the petitioner and his family possessed the land and the building. The petitioner has applied for assignment and regularisation of possession of 5 cents out of these 7 cents. On 20.10.2023 the Secretary of Santhanpara Panchayat issued Ext.P5 memo to the petitioner directing to demolish the unauthorized construction allegedly made in the building. The Tribunal for Local Self Government Institution, Thiruvananthapuram passed Ext.P6 order dated 02.11.2023 restraining the Panchayath from taking any action on the basis of Ext.P5 memo and directed the Panchayat to take fresh proceedings after identifying the property of the petitioner and demarcating the alleged encroachment over the puramboke land. One Thaskand and Baiju who made constructions in river puramboke in survey No.23/1 of Pooppara village were ordered to be evicted by the 2^nd respondent and the said order was challenged by them before this Court by filing W.P.(C)No. 37424 of 2023. In that writ petition, the learned Government Pleader submitted that 56 encroachers of river Purmaboke were identified by the Government. Accordingly, by Ext.P7 interim order dated 21.11.2023 this Court directed the Revenue officials to remove the identified 56 encroachers in a time-bound manner. Subsequently, by Ext.P8 final judgment dated 17.01.2024 in that writ petition this Court directed removal of the encroachers in a time-bound manner. On the basis of Ext.P7 order, the 4^th respondent issued Ext.P9 order dated 16.12.2023 directing eviction of 42 persons including the petitioner. The petitioner was issued with Ext.P10 notice dated 16.12.2023 by the 4^th respondent under Section 13A of the Kerala Land Conservancy Rules. On 07.02.2024 without prior information, the respondents came with Police assistance and took possession of a portion of the building of the petitioner and permitted him to occupy the portion where the employees are residing. Against Exts.P9 and P10, the petitioner preferred Ext.P13 revision petition dated 03.02.2024 before the 2^nd respondent District Collector, Idukki. The petitioner challenged the eviction proceedings also before this Court by filing W.P.(C)No.5077 of 20