Local authorities must ensure no encroachment on public property and adhere to established building regulations before granting permits or occupancy certificates.

JUDGMENT

Since common issue is involved in these cases, they heard and disposed of by a common judgment.

WP(C) No.12161 of 2022

2. The above writ petition is filed seeking a direction to respondents 1 and 3 to remove the encroachment by the 5^th respondent (petitioner in the connected writ petitions) upon a 'thodu' belonging to the 1^st respondent Panchayat and the illegally constructed wall encroaching upon the said 'thodu'. In addition to the same on the northern side of the petitioners property, the 5^th respondent has encroached. With respect to the encroachment over the petitioner's property by the 5^th respondent, the petitioner has filed a suit as OS No.15 of 2021 before the Munsiff Court, Trissur. While the matter was pending consideration, the 5^th respondent preferred an application for building permit before the 3^rd respondent for constructing a residential building after demolishing the existing building. Complaints were preferred before various authorities including the respondent Panchayat. Thereupon, by Ext.P3 decision the 2^nd respondent Panchayath decided to consider the building permit, only after getting report from the 4^th respondent after measuring the property. While so the 5^th respondent preferred WP(C)No.3148/2021 seeking a direction to the 3^rd respondent to consider the building permit application and the writ petition was disposed of as per Ext.P4 judgment, wherein the court held that the dispute between the petitioner and the 5^th respondent need not stand in the way of consideration of the application submitted by the 5^th respondent for a building permit and held that the issue between the petitioner and the 5^th respondent could be resolved in the suit filed by the petitioner as OS No.15 of 2021 and that as regard the allegation regarding the encroachment on the 'thodu puramboke', the same could be resolved by the Taluk Surveyor before the application for building permit is considered. Taking the said stand the Court disposed of the writ petition directing the additional 3^rd respondent to take appropriate steps on the request of the Panchayat for measurement of the property and carryout measurements with notice to the 5^th respondent and the Panchayat, within three weeks from the date of receipt of a copy of the judgment. After the measurement is completed, it has directed that the Panchayat shall take up the application for building permit and shall pass appropriate orders thereon. Pursuant to the same, measurement was taken and Ext.P5 report has been filed wherein it is reported that the 5^th respondent had encroached upon an extent of 0.69 cents. Aggrieved by the measurement conducted the petitioner again approached the Survey Department for a proper measurement. Based on Ext.P5 petitioner submitted a request before the Panchayat authorities for removing the encroachment by filing Exts.P6 and P10 representations before the respondent Panchayat. Till date no action has been taken and in the said circumstances, the petitioner has filed the above writ petition.

3. A detailed counter affidavit has been filed by respondents 1 and 3, wherein it is submitted that complaints of the writ petitioner against the 5th respondent alleging encroachment, the LSGD Overseer was directed to conduct measurement of the plot, the LSGD section has reported to the Panchayat that there exists a property dispute between the writ petitioner and the 5th respondent. The LSGD Overseer conducted a measurement, and no encroachment upon the writ petitioner's property was to be found. However, it was found that the 5th respondent ha