JUDGMENT

The petitioners, who are in possession and enjoyment of 2 Ares of property comprised in Re.Sy.Nos.205/20 and 205/20-1 in Block No.11 of Peringanad Village in Adoor Taluk of Pathanamthitta District, covered by Ext.P1 Sale Deed bearing No.603/2008 dated 18.02.2008 of the Sub Registrar Office, Adoor, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents not to deprive them of their property otherwise than by due process of law and not to trespass into their property. The petitioners have also sought for an order to the effect that, if the respondents are in need of any portion of their property, they may acquire the same or any portion thereof, by taking recourse to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. Going by the averments in the writ petition, the property owned by the petitioners is located on the northern side of the Kayamkulam – Punalur Road, at 14th Mile Junction. There is no puramboke land in the property and as such the 3rd respondent Executive Engineer, PWD (Roads Division), Pathanamthitta has no right to encroach into their property or demolish the septic tank constructed therein. The father of the petitioner submitted Ext.P4 representation dated 12.02.2021 before the 3rd respondent to conduct a fresh survey, in accordance with Ext.P1 sale deed, re- survey plan and other revenue records, in order to rectify any mistake on the part of PWD officials. If the respondents are in need of any portion of the property under Ext.P1 sale deed, they will have to take recourse to the provisions under the Act of 2013, for acquisition.

3. On 22.02.2021, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions. Along with I.A.No.1 of 2021, the petitioners have produced Ext.P5 photograph of the portion of land marked by the respondents, as allegedly encroached by the petitioners.

4. The learned Government Pleader has filed the statement of the 3rd respondent. Paragraphs 3 to 5 of that statement read thus:

“3. It is submitted that black spot identified through survey by NATPAC in Kayamkulam – Pathanapuram road (K.P.Road). One of the black spots 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 Tahasildar 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 demarcated the PWD land and laid the boundary stone and it is proven that a portion of the petitioner's property is within the boundary of the PWD land. In encroached portion of PWD land, the petitioner had paved tiles. Septic tank or other construction as alleged by the petitioner are not visible in the aforesaid property. The true copy of survey sketch submitted by Taluk Surveyor on 23.01.2021 to the PWD authorities is produced herewith as Annexure R3(a).

4. It is submitted that as per the Annexure R3(a) sketch, after the alignment line, the petitioner has encroached a triangle shape land of PWD road puramboke having measurement of 10.10 m x 7.4 m x 14.5 m. There is no intention on the part of PWD authorities to encroach the private property and any eviction will be made only after issuing proper notice to the petitioner under Kerala Highway Protection Act, 1999. As of now, in present work, the said encroached land is not included.

5. It is submitted that the department have no intention to damage the septic tank and no department officials demanded the petitioner to remove his belongings in the aforesaid property.”

5. Heard the learned counsel for the petitioners and also the learned Government Plead