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HIGH COURT OF KERALA
N. NAGARESH, J
PARAMESWARAN PILLAI – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C)/21253/2022
Encroachment - Public Pathway - N/A - The court directed the Panchayat to follow through on the demolition of illegal encroachments on a public pathway, emphasizing adherence to legal provisions for public utility.
Fact of the Case:
The petitioner sought the removal of illegal encroachments on a public pathway in a certain village, requesting restoration for public utility.
Finding of the Court:
The court found that the Panchayat had already issued notice for demolition to the encroacher and directed them to complete the process in compliance with the law.
Issues: Whether the Panchayat should be compelled to take action against the encroachment on public land.
Ratio Decidendi: The court held that it has the authority to direct local authorities to act against illegal encroachments to protect public pathways.
Final Decision: The writ petition was disposed of with a directive for the Panchayat to conclude the demolition process legally.
J U D G M E N T
Dated this the 13th day of October, 2022 The petitioner seeks to direct the respondents to remove the illegal encroachment in the public pathway located in Block No.28, Re-Survey No.213/6, Edamulakkal Village and restore the same for public utility in all possible manner including plying of vehicles.
2. The learned Government Pleader, on instructions, submits that the land/public pathway has been entrusted to the Panchayat as per proceedings dated 04.11.2019. Standing Counsel for the Panchayat submits that necessary changes will have to be made in the Revenue records so as to make the entrustment effective. The Government has directed the Panchayat to include the property in the Asset Register.
3. Standing Counsel for the Panchayat further submitted that steps are being taken to change the nature of the land in Basic Tax Register and they approached the Tahsildar for this purpose. The Panchayat has issued notice to the alleged encroacher for demolishing part of the building abutting the property in question.
4. As the Panchayat has already issued notice to the encroacher, this Court is of the view that the writ petition can be disposed of directing the Panchayat Authorities to follow up the demolition order and bring it to its logical conclusion, in accordance with law.
With this direction, the writ petition is disposed of.
Sd/-
N. NAGARESH, JUDGE smm APPENDIX OF WP(C) 21253/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF W.P(C)NO.3805/2013 DATED 24/1/2013 BEFORE THE HON'BLE HIGH COURT OF KERALA.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED
25/6/2019 IN W.P(C)NO.3805/2013 BEFORE THE HON'BLE HIGH COURT OF KERALA.
Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED
8/7/2019 TO THE REVENUE DIVISIONAL OFFICER, PUNALUR.
Exhibit P4 TRUE COPY OF THE PROCEEDING DATED
4/11/2019 ISSUED BY THE VILLAGE OFFICER, EDAMULAKKAL.
Exhibit P5 TRUE COPY OF THE LAWYER NOTICE DATED
14/1/2020 TO THE TAHSILDAR, PUNALUR.
Exhibit P6 TRUE COPY OF THE NOTICE DATED 16/1/2020 FROM THE REVENUE DIVISIONAL OFFICER, PUNALUR.
Exhibit P7 TRUE COPY OF THE REPLY DATED 18/1/2020 FROM THE TAHSILDAR, PUNALUR TO EXT.P6.
Exhibit P8 TRUE COPY OF THE LAWYER NOTICE TO THE SECRETARY, EDAMULAKKAL GRAMA PANCHAYAT DATED 25/1/2020.
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