JUDGMENT

Dated this the 26 th day of February, 2021 S. Manikumar, CJ.

Ernakulam District Auto Drivers Union (INTUC), Valappu Unit represented by its President and five others have jointly filed instant writ petition for a writ of mandamus directing the Superintendent, Survey and Land Records, Ernakulam/respondent No.4, to measure and identify the encroachment made on either side of Valappu Junction- Beach Road on the basis of the sketch plan prior to resurvey and take appropriate action facilitating uninterrupted traffic through the said road.

2. Supporting the prayers sought for, petitioners have contended thus:

The petitioners are the representatives of various autorikshaw employees Union and the residents of Valappu locality of Ernakulam District. They are seeking the intervention of this Hon'ble Court since the long standing demand of the local people to get the encroachment on either side of Valappu Junction-Beach Road verified through the competent authority and get the same evicted, remain unsuccessful in spite of specific orders issued on different occasions by different authorities such as Kerala State Human Rights Commission, the District Collector, Ernakulam and Deputy Director of Panchayats. A number of buildings were constructed on the encroached land without obtaining any kind of permit, but with the tacit support of local politicians and some of the officers of the 5 th respondent Grama Panchayat. The latest among the directions issued by the District Collector, Ernakulam that too on the basis of a specific direction issued by the Kerala State Human Rights Commission is sought to be avoided on the assertion that a special order by the District Collector or judgment by this Hon'ble Court is necessary to verify the encroachment with reference to sketch plan prior to the resurvey. Hence this writ petition is filed.

3. On this day, when the matter came up for hearing, on the basis of the instructions furnished by the Additional Tahsildar, Kochi, Mr. Tekchand, learned Senior Government Pleader submitted that the autorikshaw drivers in Valappu junction are the petitioners and they have filed a petition before the District Collector about the removal of encroachments in Valappu beach road in Elamkunnappuzha Panchayat. They had complained that the encroachments cause severe traffic conjunction in that area. The District Collector directed the petition to the Additional Tahsildar, Kochi to take necessary action. In compliance with the direction from District Collector, an order was issued from the Taluk Office to the Taluk Surveyor for proper survey survey and demarcation of the puramboke road in order to remove the encroachments. The Taluk Surveyor has identified and reported only five encroachments in that area. The approximate area of encroachments is 31 square metres. On the basis of the Taluk Surveyor's report and sketch, an 'A' form report with sketch mahazar of the identified encroachments were demanded from this office to Village Officer, Elamkunnappuzha.

4. Learned Government Pleader further submitted that petitioners were not satisfied with the survey which was conducted on the basis of the Resurvey records. They filed an appeal before District Collector in the Revenue Adalath. They requested to do the survey of the puramboke road again on the basis of old survey records. The District Collector forwarded the application to the Taluk office to take necessary action. A co-relation sketch/statement of old and Resurvey records of the puramboke road is necessary to do the survey again. Taluk Surveyor has directed to produce the same. At present the survey work is not completed. As per the order of the Additional Tahsildar, the Taluk Surveyor has done the survey of the puramboke road with resurvey records. He has identified and