Kerala High Court
Varghese K.P vs The District Collector on 26 August, 2021
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
WP(C) NO. 17268 OF 2021
PETITIONER/S:
VARGHESE K.P, S/O PETER,
AGED 58 YEARS, KAVILESWARATH HOUSE, KANDANAD P.O.,
ERNAKULAM DISTRICT, PIN - 682305
BY ADVS.
DAISY A.PHILIPOSE
JAI GEORGE
RESPONDENT/S:
1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD P.O.,
ERNAKULAM DISTRICT, PIN - 682030
THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE
ENGINEER, PUBLIC WORKS DEPARTMENT, (ROADS DIVISION),
2. THRIKAKKARA P.O., ERNAKULAM DISTRICT, PIN - 682021
THE ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT
ENGINEER PUBLIC WORKS DEPARTMENT, (ROADS DIVISION),
3. THRIPPUNITHURA P.O., ERNAKULAM DISTRICT, PIN - 682301
4. UDAYAMPEROOR GRAMA PANCHAYATH, OFFICE OF THE
UDAYAMPEROOR GRAMA PANCHAYATH, UDAYAMPEROOR P.O., PIN -
682307, REPRESENTED BY ITS SECRETARY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17268 OF 2021
2
JUDGMENT
S.MANIKUMAR,C.J.
The instant writ petition is filed by the petitioner seeking the following reliefs:-
"a. Issue a writ of mandamus, directing the respondents 1 to 3 to take immediate and effective steps to evict all the persons who encroached into the government land on both sides of Udayamperoor - Kandanad Road, Kandanad - Vattakkunnu Road, and Kandanadu - Kureekadu Road passing through the Udayamperoor Panchayat and to restore the width of the road in accordance with law.
b. Issue a writ of mandamus directing the respondents 1 to 4 to take appropriate action to make proper drainage canal on the side of Kandanadu Branch road, to avoid flooding during rainy season.
c. Issue a writ of mandamus directing the respondents No. 1 to 4 to consider the Exhibit P2 and Exhibit P3 representations and pass appropriate orders, expeditiously.
d. Grant such other reliefs that may be deemed fit to this Honorable court in the interest of justice."
2. The petitioner is aggrieved by the encroachment of Government land on the sides of roads by the private persons, thereby reducing the width of Udayamperoor - Kandanad Road, Kandanad - Vattakkunnu Road, and WP(C) NO. 17268 OF 2021 3 Kandanad - Kureekadu Road in the Udayamperoor Panchayath. As per the survey plan, the said roads are having a width ranging between 7.5 to 34.2 meters. However, the margins of the said roads had been encroached by the private persons and reigious institutions at several places. As a result, the width of the road has been reduced, causing serious inconvenience to the pedestrians as well as the persons travelling through the road. The petitioner submitted a representation before the 1st respondent, District Collector, Ernakulam, requesting to evict the encroachments on the road margins and to restore the width of the roads based on the relevant revenue records. The petitioner also submitted a complaint before the Chief Minister's Grievance Redress Cell, regarding the rampant encroachment on the road margins.
3. Acting on the complaint of the writ petitioner as per letter addressed to the Hon'ble Chief Minister's Grievance Redress Cell, forwarded to the Executive Engineer, Public Works Department, Roads Division, Ernakulam, replied as per Ext.P4 dated 23.03.2021, and submitted a report before the Additional Private Secretary of the Chief Minister as regards the encroachments on the roads mentioned in the complaint of the writ petitioner, and that the Tahsildar, Ernakulam, has been requested to fix the boundaries. Thereafter, as per Ext.P5 dated 02.02.2021, the Executive Engineer, Public Works Department, Road Division, Ernakulam, has requested the Tahsildar, Kanayannur Taluk, Ernakulam, to take immediate WP(C) NO. 17268 OF 2021 4 action for fixing the boundaries on both sides of the property belonging to the Public Works Department. Ext.P5 dated 03.03.2021 is extracted as under:-
"Your kind attention is invite to the above reference. The existing surface of the Kandanad road has only been resoled. The drains which were constructed years ago on both sides of the above road are still in good condition. The places where there was water logging in this road have been raised using (70 mm) interlocking tiles. The works still remaining are the resoling of the Peppathy branch road and Mamala branch road mentioned in the complaint. Regarding the encroachment on the roads, mentioned in the complaint, the Tahsildar, Ernakulam was requested to fix the boundaries. The above facts are submitted for your information."
4. From the above, it could be seen that, addressing the grievance of the petitioner that the encroachments on both sides of the Udayamperoor - Kandanad Road and Kandanad - Vattakkunnu Road, there is an inter department correspondence between the Executive Engineer, Public Works Department and the Tahsildar to fix the boundaries so as to identify the encroachments.
5. During the course of arguments, Sri. P.N.Sukumaran, learned Counsel appearing for the Udayamperoor Grama Panchayath, represented by the Secretary, submitted that the road belongs to the Public Works Department, per contra, it is the contention of Sri. K.P.Harish, learned Senior WP(C) NO. 17268 OF 2021 5 Government Pleader that, maintenance of the roads is vested with the above said Panchayath. For ascertaining as to whether there is encroachments on Udayamperoor - Kandanad Road and Kandanad - Vattakkunnu Road, it is the duty of the authorities to take appropriate action in accordance with law and if there are encroachments, it is for the appropriate statutory authority/authorities to remove the same in accordance with law. Accordingly, we direct respondent No.1, District Collector, Ernakulam, respondent No.2, The Executive Engineer, Public Works Department, Ernakulam, respondent No.3, The Assistant Engineer, Public Works Department, Ernakulam and respondent No.4, Udayamperoor Grama Panchayath, represented by the Secretary, to take comprehensive action to fix the boundaries and take appropriate steps for removal of encroachments, in accordance with the statutory provisions. Such exercise be done within four months from the date of receipt of a copy of this judgment.
With the above directions, the writ petition is disposed of.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY
uu/26.08.2021 JUDGE
WP(C) NO. 17268 OF 2021
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SURVEY PLAN IN RESPECT OF
THE VARIOUS STRETCHES OF UDAYAMPEROOR -
KANDANAD ROAD, KANDANAD - VATTAKKUNNU ROAD, AND KANDANAD - KUREEKADU ROAD EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHER BEFORE THE 3RD RESPONDENT WITH ITS TRANSLATION EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 21.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH ITS TRANSLATION EXHIBIT P4 A TRUE COPY OF THE LETTER NO.E-1527/17/234 DATED 23.03.2021 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE ADDITIONAL PRIVATE SECRETARY OF THE CHIEF MINISTER, WITH ITS TRANSLATION EXHIBIT P5 A TRUE COPY OF THE LETTR NO.E-1527/17/234 DATED 03.03.2021 ISSUED BY THE 2ND RESPONDENT TO THE TAHSILDAR, KANAYANNUR TALUK, WITH ITS TRANSLATION EXHIBIT P6 A TRUE COPY OF THE LETTER NO.ASG210224938/2021/OEEPE DATED 25.03.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER, WITH ITS TRANSLATION