The court established that municipal authorities must adhere to tribunal directives in property disputes involving potential encroachments on public land.

JUDGMENT

This writ petition is filed by the petitioner seeking direction to take effective and immediate steps to demolish the illegal construction carried out by respondents 7 and 8 on the public road, and to recover the property from the said respondents. Brief material facts for the disposal of the writ petition are as follows:

2. Respondents 7 and 8 are wife and husband respectively, and the 7th respondent is running an institution by name and style 'Minakam Home Nursing', Chenthi Junction, Pongumood, Thiruvananthapuram, which is a busy junction with a bus stop. According to the petitioner, 7th respondent encroached into a major portion of the public property and constructed a building. A portion of the building was let out to an advocate office and the other portion is used by respondents 7 and 8. Apart from the same, respondents 7 and 8 are having two storied building near the junction and close to the encroached property. According to the petitioner, the illegal construction carried out by respondents 7 and 8 is causing hindrance and obstruction to the public to board and alight from the buses. So also, due to the illegal construction, the said junction has become an accident prone area. Thereupon, petitioner submitted a petition before the Ombudsman for Local Self Government Institutions as O.P.No.446 of 2008, and Ombudsman has passed Ext.P2 order, directing the Secretary of the Corporation to carry out measurement of the property through the Additional Tahsildar. It seems, the Ombudsman has disposed of the same by Ext.P4 order, directing the Secretary to take appropriate action if the party respondents are filing objection and if and when the Secretary is taking a decision, the affected person can approach the Tribunal for Local Self Government Institutions for appropriate relief.

3. According to the petitioner, thereafter, petitioner approached the Tribunal for Local Self Government Institutions and the Tribunal has passed Ext.P5 order, directing the Secretary to ascertain and verify the nature of the building, construction carried out, and to take appropriate proceedings against the party respondents and the order passed by the Secretary under the complaint filed by the petitioner was set aside. The order of the Tribunal is dated 10.01.2012. However, after the order was passed by the Tribunal, no action was taken. Thereupon, petitioner again approached the Ombudsman by filing petition in the earlier proceedings and the Ombudsman has passed Ext.P7 order, directing the Corporation to take appropriate action in accordance with the directions of the Tribunal. However, according to the petitioner, no action is taken.

4. Respondents 7 and 8 have filed a detailed counter affidavit, refuting the allegations and claims and demands raised by the petitioner. As per Ext.P7 order, the Ombudsman has directed the Corporation to take appropriate action in accordance with the order passed by the Tribunal. Case of the respondents is that, they are the absolute owners in possession of 7 cents of property, which is lying as a compact plot. Out of which, 4.2 cents is in Re-survey No.260/16 of Cheruvakkal Village and 2.80 cents is in old Survey No.1637/3-3 of Ulloor Village. The 4.2 cents, of Cheruvakkal Village is in co-ownership of respondents 7 and 8, whereas 2.80 cents belongs to the 7th respondent, who is the wife of the 8th respondent, which was secured by the 7th respondent by virtue of a settlement deed executed by her father. An old building is situated in the said property, which is having more than 45 years of age, and the predecessor in title of the 7th respondent is issued with Patta, as per L.A. Proceedings No.1011/76, and it was thereafter only, the said property was settled in favour of the 7th respondent. According to the said respondents, no structures were constructed encroaching upon any public property, and the allegations contrary to the same are all denied.

5. Moreover, it is stated that, Ext.P3 report deals with the p