MANKUZHY NAGAR RESIDENTS ASSOCIATION Vs. DISTRICT COLLECTOR,

JUDGEMENT

(1.) THIS writ petition is filed by Mankuzhy Nagar Residents' Association essentially complaining that there is large scale encroachment of revenue land by different occupants of patta lands or even without any occupation of patta lands. The survey documents issued in relation to the area is sought to be redone.

(2.) WITH this public interest litigation in hand, this Court issued an order requiring publication of notice of this writ petition in a newspaper. That was promptly done. Thereafter, following different directions, the Tahsildar, Kanayannur had placed a report and certain exhibits. Thereafter an application for enlargement of time was also filed to carry out the directions issued by this Court. Ultimately, the first respondent District Collector has filed an affidavit dated 3.11.2009 stating that the District Collector had appointed a special team with two surveyors, in 2004, for measuring the thodu puramboke and it took three months to complete the work. The District Collector stated that, however, the Municipal authorities neither maintained the boundary stones and the survey markings nor acted upon the process of eviction on the basis of the survey report. It was, therefore, asserted by the District Collector that, as such, the entire area having a length of more than 2.5 kilometres resulted to be surveyed again for fixing the thodu puramboke. She further proceeds to say that there occurred some delay in completing the further survey owing to deficiency of revenue staff and the intervening Legislative Assembly elections. Thereafter it is stated that the Tahsildar, Kanayannur was directed to start the survey afresh and make reports.

(3.) THE thodu puramboke which are nothing but land adjoining water -ways are vested in the local authorities in terms of the provisions contained in the Municipality Act. Obviously, therefore, the Municipality cannot shirk its responsibility to plant and maintain boundary stones and ensure that there is no encroachment over the thodu puramboke. If any encroachment has been found, it is the bounden duty of the Municipality to remove such encroachment in accordance with law after following the due procedure.