Legal authorities must enforce eviction orders regarding unauthorized encroachments on government land without delay, as mandated by applicable statutes.

JUDGMENT

The above writ petition is filed with following prayers :

a) “Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 5 to forthwith implement and enforce the statutory demolition and eviction orders issued against the 6th respondent in respect of the unauthorised construction and illegal encroachment on Government puramboke land forming part of Ashtamudi Lake in Survey No.115/14 of Neendakara Village, Karunagappally Taluk;

b) Declare that the continued occupation and construction by the 6th respondent on the said land is illegal, unauthorised and violative of the Kerala Panchayat Raj Act , Kerala Panchayat Building Rules , CRZ Notification , 2019 and the Wetlands (Conservation and Management)

Rules, 2017;

c) Declare that there is no subsisting stay or legal protection in favour of the 6th respondent after the dismissal of the interim stay and final findings recorded by the Tribunal for Local Self Government Institutions in Appeal No.425/2024, and that the statutory authorities are bound to act without further delay;

d) Issue a writ of mandamus directing respondents 2 to 5 to provide all necessary administrative and police assistance to the 1st respondent Panchayat for the effective removal of the encroachment and demolition of unauthorised structures raised by the 6th respondent;

e) Direct the respondents to restore the encroached portion of Ashtamudi Lake to its original status, free from all unauthorised constructions and obstructions, within a time frame to be fixed by this Hon’ble Court;

f) Issue a writ of mandamus directing the competent authorities to initiate appropriate proceedings against the 6th respondent for having obtained interim relief by suppression of material facts and false declarations, and for illegal occupation of protected wetland land;

g) Issue such other and further orders or directions as this Hon’ble Court may deem fit and proper in the interests of justice, environmental protection and rule of law;

h) Award the costs of this writ petition to the petitioner.” [sic]

2. The main prayer in this writ petition is to implement and enforce the statutory demolition and eviction orders issued against the 6^th respondent in respect of the unauthorised construction and illegal encroachment of Government puramboke land, which is the part of the Ashtamudi lake in Survey No. 115/14 of Neendakara Village, Karunagappally Taluk.

3. When this writ petition came up for consideration, the counsel for the Panchayat submitted that the initial order of demolition was challenged before the Tribunal for Local Self Government Institutions and the same is set aside and the Panchayat is directed to issue fresh orders in accordance with law. If that is the case, the Panchayat can be directed to complete the proceedings within a time frame, in accordance with law.

Therefore, this writ petition is disposed of with the following directions :

1) The 1^st respondent is directed to complete the proceedings as directed by the Tribunal for Local Self Government Institutions as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment.

Sd/-