Statutory authorities are obligated to act on finalized directives unless legally challenged, ensuring compliance with enforcement orders.

JUDGMENT

The above writ petition is filed seeking the following reliefs:

“i) That a writ of mandamus or other order be passed directing the respondents 5 to 7 to comply with Exhibits-P10 and P11 orders of the 1st respondent;

ii) That a writ of mandamus or other order be passed directing the respondents 1 to 7 to recover the encroached portion of puramboke land in Re-Survey No.707/16 of Karakulam Village;

iii) Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition, production of English translations of documents in vernacular, may kindly be dispensed with for the time being; And iv) Grant such other and further reliefs, as that are appropriate and incidental to this Writ Petition.” [SIC]

2. According to the petitioners, they are using a ‘puramboke pathway’ to take vehicles to their respective houses. It is alleged that, during 2020, the 8^th respondent constructed a compound wall on the southern side of the property by encroaching into the ‘puramboke pathway’

upto a width of one metre. Pursuant to Ext.P1 complaint filed by the 1st petitioner before the 2nd respondent, the Taluk Surveyor measured the properties and found that the 8^th respondent has encroached upto 14 Sq. mts of puramboke land to a width of one metre, is the submission. It is submitted that several notices were issued by the authorities to the 8^th respondent to demolish the compound wall in the encroached portion, but not complied is the further submission. Subsequently, the 1^st respondent has issued Exts.P10 and P11 orders to the 7^th and 5^th respondents respectively to see that the encroachment is removed. But, respondent Nos.5 to 7 are not complying the directions issued by the 1^st respondent is the submission. Hence, this Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioners, the learned Standing Counsel for the Panchayat and also the counsel for the 8^th respondent.

4. The counsel for the petitioner reiterated the contentions raised by the petitioner. The counsel appearing for the 8^th respondent submitted that a suit is pending before the Civil Court for the same cause of action. But, the counsel for the 8^th respondent fairly conceded that there is no interim order passed in the suit. The counsel for the 8^th respondent also submitted that the survey and measurement is conducted without giving notice to the 8^th respondent. If that be the case, the 8^th respondent is free to challenge the same separately. As on today, if there is no orders from the Civil Court and if Exts.P10 and P11 became final, it is the duty of the statutory authorities to implement the same. Three months time can be given to the authorities concerned for the same. In the meanwhile, the 8^th respondent is free to do the needful to obtain necessary orders from the jurisdictional court or from other statutory authorities.

Therefore, this Writ Petition is disposed of with the following directions:

1. The 5^th and 7^th respondents are directed to implement the directions in Exts.P10 and P11, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.

2. I make it clear that the contentions raised by the 8^th respondent are left open.

Sd/-