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2023 Supreme(Online)(KER) 3936
HIGH COURT OF KERALA
ANU SIVARAMAN, J
SUNILKUMAR D. – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) 23179/2022
JACOB P.ALEX, JOSEPH P.ALEX, MANU SANKAR, P.AMAL AMIR ALI, MANOJ RAMASWAMY, R.SUNIL KUMAR, SRI.APPU.P.S-GP
Local authorities are obligated to remove encroachments on public land as per the provisions of the Panchayati Raj Act, ensuring access to government-held properties.
Headnote:
Encroachment - Writ Petition - Panchayati Raj Act - Section 218 - This decision emphasizes the importance of local governance in addressing encroachments on government property, mandating the Panchayat to take action based on the identified encroachments.
Fact of the Case:
The petitioners sought removal of encroachments on government property by respondents, asserting that the encroached area is critical for access to their property. An official survey corroborated the encroachments but no follow-up action was taken by the authorities.
Finding of the Court:
The court directed the local authorities to act on the survey findings, emphasizing the need for timely actions based on the established reports. It mandated appropriate measures to address the encroachments within six weeks.
Issues: Whether the local authorities were required to take action against encroachments on government property as identified in an official survey report.
Ratio Decidendi: The court held that under Section 218 of the Panchayati Raj Act, local governance bodies are responsible for identifying and removing encroachments on public land, thereby upholding the rule of law regarding unauthorized occupations.
Final Decision: The court directed the local authorities to take prompt action regarding the identified encroachments.
JUDGMENT
Dated this the 27th day of January, 2023 This writ petition is filed seeking directions to respondents
1 to 6 to remove the encroachment made by respondents 7 and 8 and their family members in the Government property situated in Re-survey Nos. 328/2 & 328/4 of Venmony Village in Chengannur Taluk within a specified time.
2. The learned counsel for the petitioners submits that the petitioners are using thodu puramboke in re-survey Nos. 328/2 and 328/4 of Venmony Village for access to their property in Re-survey No. 328/5-1. This is the only access to their property. It is stated that a survey was conducted and the 3rd respondent identified and demarcated the encroachments as evidenced by Ext.P9 report and forwarded the same to the 6th respondent for necessary action but no further steps to remove the encroachments made by respondents 7 and 8 on thodu puramboke has been taken.
3. The learned Government Pleader submits that under Section 218 of the Panchayath Raj Act water courses, springs, reservoirs etc. are vested in the Village Panchayat and that the action to be taken by the respondents 2 to 4 is only an identification of the encroachments which has already been carried out by Ext.P9. It is submitted that it is for the Panchayath to take further action in the matter.
4. The learned counsel for the petitioner submits that a notice had been issued to respondents 7 and 8 on 31.10.2022 under the provisions of the Kerala Panchayat Raj (Removal Of Encroachment And Imposition And Recovery Of Penalty For Unauthorised Occupation) Rules, 1996 and that the further follow up action is liable to be taken by the 6th respondent in pursuance to the said Rules.
Having considered the contentions advanced and having heard the learned counsel appearing for respondents 6 and 7 as well, there will be a direction to the 6th respondent to take further follow up action on the basis of Exts. P9 and P10. In case notices have been issued to respondents 7 and 8 and explanation have been received, further steps in accordance with law shall be taken without further delay. Appropriate steps after hearing the contentions of respondents 7 and 8 also will be taken within a period of six weeks from the date of receipt of a copy of the judgment. In case encroachments are found and orders are passed for removal of encroachment, they shall also be properly executed by the Panchayath, if necessary with the police for assistance.
Sd/- ANU SIVARAMAN JUDGE ska APPENDIX OF WP(C) 23179/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO.KL04051107437/2022 DATED 20/06/2022.
Exhibit P2 TRUE COPY OF THE RELEVANT BASIC TAX REGISTER.
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 09/02/2022 SUBMITTED BY THE 1ST PETITIONER BEFORE THE
2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE REPORT DATED 17/02/2022 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE
2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE PROHIBITORY ORDER DATED
17/02/2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE LETTER DATED 24/02/2022 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE COVERING LETTER DATED
08/03/2022 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE DIRECTION DATED 14/03/2022 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
Exhibit P9 TRUE COPY OF THE REPORT AND SKETCH DATED
30/04/2022 PREPARED BY THE 3RD RESPONDENT.
Exhibit P10 TRUE COPY OF THE DIRECTION DATED 06/05/2022 ISSUED BY THE 2ND RESPONDENT TO THE 6TH RESPONDENT.
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED
13/07/2022 SUBMITTED BEFORE 1ST RESPONDENT.
