The court reinforced the duty of local authorities to act against illegal encroachments upon public property within a specified timeframe.

JUDGMENT

The petitioner has approached this Court seeking a direction to respondents 2 to 5 to take appropriate action to evict the illegal encroachers from the public road within a time limit to be fixed by this Court.

2. The petitioner submits that due to the encroachment on the road maintained by the respondent Corporation, the petitioner is finding it difficult to enter into the property owned by her having an extent 66 cents. Thereupon Ext.P4 complaint was preferred before the District Collector and based on the direction issued, Ext.P5 report was filed by the Village Officer, wherein it is reported that almost 14 families have encroached upon the said road and constructed hutment. Thereafter by Ext.P7, the petitioner was informed that direction has already been issued to the respondent Corporation to evict the encroachers. The petitioner submits that thereafter no action was taken. Thereupon Ext.P8 application under Right to Information Act regarding the action taken for evicting the encroachment was submitted by the petitioner, to which Ext.P9 reply has been given to the effect that the Secretary of the respondent Corporation was directed to take steps to evict the encroachment. Thereafter, no steps have been taken in this regard.

3. As per the documents produced along with the writ petition it is seen that based on Ext.P4 complaint preferred by the petitioner before the District Collector, Ext.P5 report was filed wherein it is categorically stated that 14 families have encroached upon the road and they have constructed hutment and are residing there and Exts.P7 and P9 proceedings would reveal that necessary direction has been issued to the Secretary of the respondent Corporation to take appropriate steps in this regard.

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

The 3^rd respondent Secretary of the local authority shall take appropriate steps pursuant to Exts.P7 and P9 communications and take appropriate action in accordance with law, with notice to the petitioner and the alleged encroachers. The proceedings shall be finalised within a period of six months from the date of receipt of a copy of this judgment.

Sd/-