Effectiveness of local governance procedures in surveying public land encroachments.

JUDGMENT

The above writ petition has been filed on the allegation that the 7^th respondent has constructed a building by encroaching upon the public road to an extent of 1.13 cents, in Sy.No.366/4 of Poonithara Village, Kanayannoor Taluk, where he is running a hotel. The petitioner would submit that necessary request was made before the respondent Corporation and thereupon the respondent Corporation has submitted Ext.P2 request in this regard before the 6^th respondent – Taluk Surveyor for conducting a survey and report. The petitioner complaints that thereafter no action has been taken in this regard.

2. Taking into consideration the above facts and circumstances and after hearing the learned counsel for the petitioner, the learned standing counsel for the respondent Corporation and the learned Government Pleader, I am inclined to dispose of the writ petition as follows:

There will be a direction to the 6^th respondent to consider Ext.P2 request submitted by the respondent Corporation, who shall conduct necessary survey and the survey report and sketch shall be submitted before the 3^rd respondent, without any delay, at any rate, within an outer limit of two months from the date of receipt of a copy of this judgment. The survey shall be conducted with notice to the petitioner, the 7^th respondent and any other a Subject to the outcome of the survey to be conducted, further action, if any, in this regard shall be taken by the 3^rd respondent, in accordance with law, within a period of three months thereafter.

Sd/-