The court emphasizes the necessity for a detailed survey to ascertain land encroachment before any action can be taken.

JUDGMENT

The petitioners have approached this Court seeking a direction to the 1^st respondent Panchayath to take urgent steps to measure the puramboku thodu having 60 meter in length and about 4 meter width as existed there, by giving notice to the Taluk Surveyor.

2. The grievance raised by the petitioners is that the Panchayth Thodu has been encroached upon by respondents 6 to 8. The petitioners submit that several complaints have been preferred including Ext.P8, but no action has been taken in this regard.

3. The learned counsel appearing for the 1^st respondent would submit that when complaints were received, the matter was placed before the Taluk Surveyor for a survey and only on measurement of the property by the Taluk authorities, the encroachment can be found and in the event encroachment is found on puramboke land, necessary action will be initiated by the authorities.

4. A detailed counter affidavit has been filed by the 5th respondent, wherein in paragraph 6 it is specifically stated that a survey has been conducted and that a drainage having width of 2 meters was found, which is starting from the south west edge of Sy.No.110/22 and ends in the eastern backwater and such a puramboke land does not appear to have been included in the old survey and resurvey records of Puthuvype village. As per the records, the disputed land is seen as patta land and therefore, no action can be taken according to revenue survey and also reported that a detailed survey is needed for calculating the extent of drainage and the related canal and requested for time for surveying the land.

5. It is seen that the above said counter affidavit was filed as early as on 25.10.2022. Taking into consideration the above facts and circumstances of the case, I am inclined to dispose of the writ petition as follows:

Since the Taluk Surveyor has stated that, as per the old survey and resurvey records, the subject property is a patta land and that no action can be taken on that basis alone, and that only upon conducting a detailed survey to ascertain the extent of the drainage and the related canal it can be determined whether there is any encroachment, respondents 3 and 5 are directed to see that a detailed survey is conducted to calculate the extent of the drainage and the related canal, after issuing notice to all affected parties, including the petitioners and the party respondents herein, and to submit a survey sketch and report to the 1^st respondent Panchayat within a period of four months from the date of receipt of a copy of this judgment. If any encroachment is found in the report of the Surveyor, the 1^st respondent shall take appropriate steps for evicting the encroachment, within a further period of three months.

Sd/-