Court directed enforcement of prior orders regarding removal of encroachment if no interim relief was granted by the trial Court.

JUDGMENT

Dated this the 12^th day of February, 2026 Petitioner has approached this Court seeking a direction to respondents 1 to 5 to remove the obstruction made by the 6^th respondent in the public pathway comprised in Re.Sy. No.46, Block No.151 of Varkala Village within a time limit to be fixed by this Court.

Petitioner has also sought for other consequential reliefs.

2. Petitioner submits that the 6threspondent encroached upon the public pathway thereby preventing the usage of the road by the petitioner who is residing on the opposite side of the land owned by the 6threspondent. Earlier, proceedings were initiated as per Ext.P12 against the 6threspondent, against which an appeal was preferred which was also rejected by Ext.P15. Taking into consideration the fact that a revision was preferred by the 6threspondent, this Court as per interim order dated 19.02.2020 directed the District Collector to dispose of the revision filed by the 6threspondent within a period of six weeks. Later, the District Collector has passed an order bearing No.B18-10000/2019 dated 30.01.2021, whereby the said revision petition which was directed to be disposed of as per order dated 19.02.2020 in this writ petition was rejected. The said order was challenged by the 6threspondent in WP(C) No.3998 of 2021. But this Court as per judgment dated 22.05.2023 declined to interfere in the matter, but the interim order granted by the Court in the said writ petition was directed to be continued till the Civil Court finally decides the matter which is stated to be pending consideration. The petitioner has filed a review petition as RP No.584 of 2023 in WP(C) No.3998 of 2021, and the said judgment was reviewed and modified to the extent that the direction issued by this Court on 05.04.2022 (interim order granted by this Court) shall remain in force for a period of two months, by which time, the 6threspondent (the petitioner therein) seeks orders in the suit pending before the competent Court.

3. I have heard the learned Government Pleader.

Taking into consideration above facts and circumstances, I am of the opinion that, if the 6^th respondent is not able to obtain any interim order from that trial Court as directed in the judgment in WP(C) No.3998 of 2021, the official respondents are legally bound to enforce the proceedings now initiated against the 6^th respondent. In view of the above, above writ petition is disposed of as follows:-

There will be a direction to the 3^rd respondent to take appropriate steps to enforce Exts.P12 and P15 (confirmed in revision by the District Collector) as per order dated 30.01.2021, without any delay, at any rate within an outer limit of three months from the date of receipt of a copy of this judgment, if the removal of encroachment has not been injuncted by any Civil Court.

Sd/-