J U D G M E N T

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Dated this the 9th day of August, 2021 [WP(C) Nos.11289 & 13545 of 2021]

W.P.(C) No.11289/2021 has been filed by the petitioner seeking to issue a writ of mandamus directing the 1st respondent-District Collector to take effective and emergent action on Exts.P1 and P4 complaints and to ensure enforcement of Exts.P2, P8 and P9. The grievance of the petitioner arises from the construction of retaining wall in a No Development Area, by the 6th respondent.

2. The said 6th respondent has filed WP(C)

No.13545/2021 seeking to direct respondents 1 and 2 therein not to interfere with the construction of banking wall being carried on by the petitioner on the southern side of Ext.P1 property which separates the Periyar River from his property. As the writ petitions concern same set of facts, they are heard together and being disposed of by a common judgment. The parties to the writ petitions are referred to as they are arrayed in W.P.(C) No.11289/2021.

2. The petitioner in WP(C) No.11289/2021 would state that he is an Ex-Serviceman aged 79 years and the 6th respondent is carrying out unauthorised constructions in his property adjoining the petitioner’s property, in Vadakkekara Village. To the south of 6th respondent’s property, the Periyar River flows. There is river puramboke between the 6th respondent's property and the river. The property is in CRZ-III Zone which is a No Development Zone. The construction was initially carried out by one Joseph, who is the predecessor-in- interest of the 6th respondent. The construction was illegal as it is in river puramboke and in a No Development Zone. The petitioner therefore filed a complaint.

3. The 4th respondent-Secretary to Grama Panchayat issued Ext.P2 directing the said Joseph to stop construction, as the construction is without building permit and since soil is seen removed for constructing compound wall from a CRZ area. The 6th respondent purchased the said property on

23.12.2020. The 6th respondent continued the illegal construction. The petitioner again filed Ext.P3 complaint to the 4th respondent. The 6th respondent, however, constructed a building in the No Development Zone. The newly constructed toilet of the 6th respondent is hardly 5 cm. away from the petitioner’s property. The construction was made annexing river puramboke to his property.

4. On the petitioner’s repeated complaints, the 4th respondent issued Ext.P6 provisional order under Section 235W(1) of the Kerala Panchayat Raj Act directing the 6th respondent to demolish illegal constructions. Ext.P7 show cause notice was also given. Yet, the 6th respondent proceeded with the construction and thereupon, the 4th respondent issued Ext.P7 show cause notice. Again, Ext.P8 notice was given by the 4th respondent to the 6th respondent directing to stop the construction. As the 6th respondent continued with the illegal construction, the 4th respondent addressed Ext.P9 to the 5th respondent-SHO to take action for implementing Ext.P8. Yet, the 6th respondent is proceeding with the construction, and hence this writ petition.

5. The 6th respondent filed W.P.(C) No.13545/2021 seeking to direct respondents 1 and 2 not to interfere with the construction of banking wall on the southern side of Ext.P1 property which separates the Periyar river from his property. The 6th respondent stated that his property is being eroded day by day due to water currents in the Periyar river. Hence, he decided to construct a banking wall on the southern side of his property. In fact, banking walls in respect of the neighbouring properties were already constructed by the owners themselves or by using the fund of the Block Panchayat.

6. The petitioner had an eye on the property of the 6th respondent. The 6th respondent did not sell the property to the petitioner. The attempt of the petitioner is to pressurise the 6th respondent to give away the property. At his instance, a stop memo dated 22.12.2020 was issued to the 6th respondent when