Writ jurisdiction can compel local authorities to act on illegal land reclamation and ensure restoration according to law.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i. issue a writ of mandamus or any other writ, order or direction directing the 6th Respondent to take immediate action pursuant to the Exhibit P3 letter of the 4th Respondent;

ii. issue a writ of mandamus or any other writ, order or direction directing the Respondent Nos. 1 to 4 to initiate action against the 7th Respondent for illegal reclamation of paddy land in resurvey No. 57/9 of Block 10 of Pallikkal Village;

iii. issue a writ of mandamus or any other writ, order direction directing the Respondent Nos. 1 to 6 and to initiate time bound action to restore the canal in Block 10 of Pallikkal Village and the paddy land in resurvey No. 57/9 of Block 10 of Pallikkal Village to its original position, as it existed prior to its illegal reclamation/conversion;

And iv. Pass such further orders as this Honourable Court may be pleased to grant on the facts and circumstances of the case." [SIC]

2. The main prayer in this writ petition is to issue appropriate direction to the 6^th respondent to take immediate action pursuant to Ext.P3 letter of the 4^th respondent.

3. Heard the learned counsel for the petitioner, the learned Government pleader and the learned counsel appearing for the 7^th respondent.

4. This Court perused Exts.P3 and P5. In Ext.P3, the 4^th respondent has issued a communication to the petitieonr stating that necessary directions are issued to the 6^th respondent to take necessary steps in accordance with the law, to remove the encroachment and restore a Thodu. Ext.P5 is a communication issued to the petitioner by the Panchayat under the Right to Information Act, in which it is stated that consequential steps will be taken in consultation with the Revenue Department. The grievance of the petitioner is that, even now the Panchayat has not taken any effective steps.

5. After hearing both sides, I am of the considered opinion that the Panchayat has to conclude the proceedings initiated as evident by Exts.P3 and P5, within a time frame, with notice to the petitioner and the 7^th respondent.

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

i) The 6^th respondent is directed to conclude the proceedings initiated as evident Exts.P3 and P5, after giving sufficient opportunity of hearing to the petitioner and the 7^th respondent, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

ii) The order passed by the 6^th respondent shall be communicated to the petitioner and the 7^th respondent.

iii) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition with Exhibits before the 6^th respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE AJ

2008 OF THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY ORDER DATED 16-01-2018 OF THE STATE INFORMATION COMMISSION EXHIBIT P3 TRUE COPY OF THE REPLY DATED 12-11-2018 OF THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER DATED 11-01-

2019 ADDRESSED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT EXHIBIT P5 TRUE COPY OF REPLY DATED 04-04-2019 OF THE 6TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT, 2005 RESPONDENT EXHIBITS EXHIBIT R7(A) COPY OF THE REPORT NO A

172/2015/KSREC/014961/18 DATEd 2/7/2019 OF THE DIRECTOR, KSREC, TRIVANDRUM EXHIBIT R7(B) COPY OF THE TREASURY CHALAN NO 1186 DATED 25.1.2016 FOR RS 500/- AT SUB TREASURY, KONDOTTY/ STATE BANK OF TRAVANCORE EXHIBIT R7(C) COPY OF THE TREASURY CHALAN NO 1188 DATED 23.1.2016 FOR RS 500/- AT SUB TREASURY, KONDOTTY/STATE BANK OF TRAVANCORE EXHIBIT R7(D) COPY OF THE APPLI