IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 7^TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 WP(C) NO. 23422 OF 2023 PETITIONER:

ELIZABETH BEENA BELLIAPPA, AGED 69 YEARS D/O P A HORMIS THARAKAN, 11/2, 2ND CROSS, CHARLES CAMPBELL ROAD, BANGALORE, PIN - 560005 BY ADVS.

V.M.KRISHNAKUMAR MAYA M.

RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 SECRETARY PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

3 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, ALAPPUZHA, PIN - 688001

4 REVENUE DIVISIONAL OFFICER, ALAPPUZHA REVENUE DIVISION OFFICE, THATHAMPALLY, ALAPPUZHA, PIN - 688013

5 TAHSILDAR CHERTHALA TALUK, NEAR MINI CIVIL STATION, CHERTHALA, ALAPPUZHA, PIN - 688524

6 VILLAGE OFFICER EZHUPUNNA VILLAGE, ERAMALLOOR, ALAPPUZHA, PIN - 688537

7 EXECUTIVE ENGINEER PWD (ROADS AND BRIDGES), CHERTHALA, ALAPPUZHA, PIN - 688524

8 STATION HOUSE OFFICER AROOR POLICE STATION, CHANDIROOR, ALAPPUZHA, PIN - 688535

9 ADDL. R9 KANJIRATHINKAL DEVI TEMPLE COMMITTEE REPRESENTED BY ITS SECRETARY, ERAMALLOOR, ALAPUZHA DIST -688537

10 ADDL. R10 SNDP YOGAM BRANCH NO. 671 REPRESENTED BY SECRETARY, ERAMALLUR P.O.

ALAPPUZHA DISTRICT - 688537 (ADDITIONAL RESPONDENTS 9 & 10 ARE IMPLEADED AS PER ORDER DATED 02.11.2023 IN I.A.S 1/2023 AND 2/2023 RESPECTIVELY IN WP(C).

BY ADVS.

V.M.KRISHNAKUMAR No Advocate SINEESH K.M.(SINEESH MADHAVAN) KANNEZHATHU MADHAVAN P.SAJEEV (PERUMPALAM)(K/967/2007)

DEEPA.V., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 07^th day of February, 2024 Petitioner has approached this Court seeking a direction to the respondents to ensure that encroachments as seen in Exts.P5 and P6 photographs abutting PWD Road on one side and the petitioner's compound wall on the other side is removed, within a time limit to be fixed by this Court.

2. Petitioner along with her sister own 27 cents of land in Sy.No.158/21 of Ezhupunna Village, Cherthala Taluk as evident from Ext.P4 possession certificate. The said plot is abutting the old National Highway. Petitioner submits that for the past several months encroachment into pavements/road margins of the public road abutting the petitioner's compound wall is being done and a small construction is made around a tree standing in the pavement of the road and certain religious rites are being conducted by unidentified persons. Petitioner submits that these unauthorised activities are being undertaken by respondents 9 and 10. Petitioner submits that the Apex Court as per Ext.P1 order dated 31.01.2018 has taken note of such encroachment over public road/puramboke and issued directions, the relevant portion of which reads as follows :

“Vide order dated 16.2.2010, the following directions have been issued:

In pursuance of the order of this Court dated 29th September, 2009, by which this Court directed that henceforth no unauthorised construction shall be carried out or permitted in the name of Temple, Church, Mosque or Gurudwara etc. on public streets, public parks or other public places, the affidavits of all the States and the Union Territories, except the State of Uttarakhand, have been filed. All the States and the Union Territories have taken necessary steps to ensure that no further unauthorised construction shall take place and Court's directions are seriously and meticulously complied with.

The other part of the directions issued on 29th September, 2009, were that in respect of unauthorized construction of religious nature which has already taken place on public streets, public parks or other public places, the State Governments and the Union Territories were directed to review the same on case to case basis and take appropriate steps as expeditiously as possible. We do not find comprehensive and satisfactory affidavits as far as this direction of the order is conce