JUDGMENT

S.MANIKUMAR,CJ.

Petitioner has sought for the following reliefs:

i)Issue a writ of mandamus or any other writ, order or direction, directing the 2nd respondent to consider Exhibit P7 and to take legal action against the illegal occupants by evicting them and removing the installations put up by them on the side of PWD road from Cochin Bank Junction to Pukkattupady on the Aluva Muvattupuzha road and from Cochin Bank Junction to Rajagiri on the Aluva - Munnar road.

ii) Issue appropriate order or direction, as this Hon'ble Court may deem fit and proper from time to time for this petitioner to attain the ends of justice.

2. The petitioner, claims to be a social worker & local body representative of Ward XVI of Edathala Grama Panchayath, having no affiliation to any political parties. According to the petitioner, both sides of the PWD road on the stretch from Cochin Bank to Rajagiri on the Aluva-Munnar road, and from Cochin Bank to Pukkattupady on the Aluva-Muvattupuzha road, are encroached by illegal occupants putting up temporary structures, thereby, reducing the road width, resulting in heavy traffic block and road accidents.

3. It is stated by the petitioner that during the last 112 decades, 417 road accidents were reported in this stretch, resulting 20 deaths and 275 serious injuries. According to him, due to lack of coordination and pretended silence from the authorities, the illegal occupants are flourishing on the road sides. Besides, the traffic Police Unit, Aluva has made representations to the Secretary, Edathala Grama Panchayat, Ernakulam District, the Secretary, Keezmadu Grama Panchayat, Ernakulam, the Secretary, Choornikkara Grama Panchayat, Ernakulam District - respondents 4 to 6, to remove the illegal encroachment on the Aluva – Perumbavoor road from Cochin Bank junction, so as to put an end to the traffic block and road accidents. True copy of the said representations are produced as Exhibits P1 & P2.

4. It is submitted by the petitioner that, even though, the Assistant Executive Engineer, PWD Roads Division, Aluva, Ernakulam District - 7th respondent herein, has issued notice for eviction against the illegal occupants, there is no further follow-up action against the illegal occupants. According to the petitioner, the Assistant Executive Engineer, PWD Roads Division, Aluva, Ernakulam District - the 7th respondent was informed by the Assistant Engineer, PWD Roads Division, Aluva vide Exhibit P3 letter dated 16.03.2018 that the encroachers have not been removed, the illegal constructions from the road side, despite issuing notice in that behalf.

5. On 3.4.2018, the Assistant Executive Engineer, PWD Roads Division, Aluva, Ernalulam District - 7th respondent, has issued Exhibit P4 letter to the Tahsildar, Aluva Taluk, Aluva, Ernakulam - 3rd respondent, requesting to demarcate the boundary of the roads, enabling the removal of illegal construction. Similarly, the Assistant Engineer, PWD Roads Division, Aluva issued Exhibit P5 letter dated 16.5.2018 to the Tahsildar, Aluva Taluk, Aluva, Ernakulam - 3rd respondent, to measure and demarcate the boundaries of the road on the Edappally-Muvattupuzha road towards Pukkattupady town.

6. According to the petitioner, in spite of the above, the encroachers have refused to vacate the premises stating that the said land falls in the excess land of the Executive Engineer, Periyar Valley Irrigation Project, Aluva - 8th respondent. On account of the indifferent attitude of the Tahsildar, Aluva Taluk, Aluva, Ernakulam – the 3rd respondent, the 7th respondent could not proceed with the eviction of illegal occupants since the property was not identified and demarcated despite the issuance of Exhibit P4. Again, on 23.5.2018, the 7th respondent issued Exhibit P6 letter to the

3rd respondent to take effective steps for the purpose of widening the road.

7. It is further submitted by the petitioner that, on 5.11.2018, petitioner submitted Exhibit P7 representation dated 5.11.2018 to the Distric