JUDGMENT

The petitioner, who is stated to be in occupation of 2.51 ares of land comprised in survey No.270/1/1 (Re-survey No.202/11) of Peringanad village, which is situated on the southern side of the Kayamkulam-Pathanapuram State Highway, has filed this writ petition under Article 226 of the Constitution of India, seeking writ of certiorari to quash Ext.P5 notice dated 23.11.2020 issued by the 3rd respondent Executive Engineer, Public Works Department, (Roads Division), Pathanamthitta; a writ of mandamus commanding the respondents not to deprive the petitioner of the property occupied by her without taking recourse to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; and a writ of mandamus commanding the 3rd respondent to hear the petitioner on Exhibit P7 objection before taking any coercive steps pursuant to Exhibit P5 notice.

2. On 08.01.2021, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions. On 13.01.2021, it was submitted by the learned Government Pleader that the 3rd respondent is yet to receive Exts.P6 and P7. The learned counsel for the petitioner submitted that the petitioner shall submit additional copy of Exts.P6 and P7 before the 3rd respondent on that day itself.

3. On 15.01.2021, when this writ petition came up for consideration, this Court passed the following order;

“The learned Government Pleader would submit that a statement on behalf of the 3rd respondent shall be placed on record by 22.01.2021.

2. Ext.P5 notice, which is under challenge in this writ petition, is not one issued under the provisions of the Kerala Highway Protection Act, 1999 or under the provisions of the Kerala Land Conservancy Act, 1957.

3. The learned Government Pleader would submit that any coercive steps shall be taken only after issuing a notice to the petitioner invoking the provisions under the Kerala Highway Protection Act, 1999”

4. A statement has been filed on behalf of the 3rd respondent. Paragraph 3 and 4 of that statement read as follows:

“3.It is submitted that black spot identified through survey by NATPAC in Kayamkulam-Pathanapuram road (K.P.Road). One of the black spots is at 14th mile of K.P. Road under the jurisdiction of PWD Roads Division, Pathanamthitta. Based on their report, PWD Roads Division, Pathanamthitta has arranged the work “NATPAC road safety work eradication Black spot in K.P.Road at 14th Mile”. The department has given letter to the Tahsildar, Adoor for demarking the road boundary as per letter No.DB/21/PDM/2018 dated, 10.07.2020. Based on the above letter, the Taluk Surveyor in the presence of the officials of the department demarked the road and laid the boundary stone and it is proven that the petitioner's property is within the boundary of the road. So the Assistant Executive Engineer, PWD Road, Sub Division, Adoor has issued a notice on behalf of the Executive Engineer, PWD Roads Division, Pathanamthitta directing the petitioner to remove the encroachment or otherwise proceedings under Highway protection Act 1999 and Land Conservancy Act 1957 (8 of 1958) will be initiated to vacate the premises encroached by the petitioner. The Assistant Executive Engineer again addressed the Tahsildar Adoor on 18/12/2020 in order to make sure whether the land is road 'Purambokku' and submit a sketch of the land as per letter No.A2-1015/2020. The 3rd respondent again send a reminder on 19.1.2021 to the Tahsildar, Adoor to submit the sketch. But the same has not been received from the Tahsildar, Adoor. The true copy of the reminder issued on 19.01.2021 is produced herewith and marked as Annexure-R3(a). The petitioner has submitted Ext.P6 representation dated 30/11/2020 to the Assistant Executive Engineer, PWD Roads Sub Division, Adoor. In this representation it is admitted that the disputed land is 'Purambokku' and the petitioner claims that she and her ancestors have been keeping this