Local authorities must balance eviction of encroachments with the rights of residents claiming legitimate business status, ensuring procedural fairness.

JUDGMENT

The writ petition is filed with following prayers:

“i) To call for the records leading to Exhibits-P1 to P6 and issue a writ of mandamus or any other appropriate writ or direction to the 3rd respondent to demolish the building erected on the road puramboke of Morkulangara –

Anandasramam Road.

ii) To issue appropriate Writ or direction to the 3rd respondent to dispose Exhibit-P1 application within a time frame fixed by this Hon’ble Court, if possible within a period of one month.”

2. The prayer in the writ petition is to issue appropriate directions to the 3rd respondent to demolish the building erected on the road puramboke of Morkulangara – Anandasramam Road by the 3rd respondent. Exts.P1 to P6 are the complaints and proceedings already issued by the Panchayath to evict the encroachers. Since there is no further action this writ petition is filed.

3. Heard the learned counsel for the petitioner, the learned counsel appearing for the 5th respondent and I have also heard the learned Government Pleader.

4. The learned counsel for the petitioner reiterated his contention in the writ petition. The learned counsel also takes me through the statement filed by the Panchayath in which it is admitted that the 5th respondent has no authority to continue in the premises.

5. The learned counsel for the Panchayath also submitted that there is no license issued to the 5th respondent and he is actually an encroacher. The Panchayath will take necessary steps to evict the 5th respondent.

6. The learned counsel appearing for the 5th respondent submitted that the 5th respondent is an old lady and she has no other source of income. She is included in the street vendors list published by the Panchayath recently. Therefore, she is entitled to continue the small tea shop in the disputed place. The learned counsel submitted that the petitioner will submit representation before the Panchayath to consider that request.

7. It is an admitted fact that prima facie the Panchayath found that the 5th respondent is an encroacher. It is also an admitted fact that the 5th respondent filed a suit before the Civil Court for injunction and there is no interim order passed by the Civil Court. In such circumstances, it is the duty of the Panchayath to evict encroachers. But the 5th respondent says that her tea shop is included in the street vendors list by the Panchayath. If that is the case, the petitioner is free to submit a representation before the 3rd respondent producing adequate documents to show that her name is included in the street vendors list. Such an application is filed, there can be direction to the Secretary to consider the same and pass appropriate orders within a short period. Based on the same, the further proceedings based on Exts.P1 to P6 will be completed by the Panchayath within time frame. Therefore, the writ petition is disposed of with the following directions:

1. Fifth respondent is free to file a representation narrating her grievance to the 2nd and 3rd respondent within two weeks from the date of receipt of copy of this judgment.

2. Once such a representation is received the 2nd and

3rd respondent will consider the same and pass appropriate orders in it after giving an opportunity of hearing to the 5th respondent within two weeks from the date on which representation is received. Before passing orders in the representation an opportunity of hearing will be given to the petitioner also.

3. Based on the above decision, the 1st respondent will take appropriate steps in accordance to law against the 5th respondent, if it is found that the petitioner is an encroacher.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nak APPENDIX OF WP(C) 2861/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED

13/11/2019 MADE BY PETITIONER BEFORE THE

2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 06/12/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AND SAID RAJAPPAN V.K.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED

13/03/2020 OF THE 4TH RESPONDENT TO THE