SHINTO PYNADATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows: That the petitioner claims to be the absolute owner in possession and enjoyment of 0.90 Are equal to 0.009 hectare comprised in survey No.182/9 of Avinissery Village by virtue of Settlement Deed bearing No.2815/2011 and in survey No.182/3 of Avinissery Village by virtue of Relinquishment Deed bearing No.2821/2011 of SRO, Cherpu. It is stated that the 8 th and 9th respondent are the owners in possession and enjoyment of 3.50 Are equal to 0.035 hectare comprised in survey No.39/9, Re- Survey No.208/6 of Avinissery Village. By encroaching the poramboke property, they constructed a building including septic tank, without any permit from Panchayat. The petitioner submitted Exhibit P1, P2 and P3 petitions. But the respondents 4 to 7 are taking no action against the encroachment. The respondents 3,4 and 6 have not so far taken any action whatsoever pursuant to Exhibit P-1, P-2, and P-3. Sections 7, 11 and 12 of The Kerala Land Conservancy Act, 1957 and Rule 13 A of the said Act provides for taking possession of the land in question,if necessary by using force. Section 235W of the Kerala Panchayat Raj Act, 1994, entails the Secretary of Panchayat to demolish unauthorized construction made without permission. It is in the light of the above averments and contentions, the petitioner has filed the instant Writ Petition (Civil) with the following prayers :

(2.) Heard Sri. V. Binoy Ram, learned counsel appearing for the petitioner, Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondent Nos. 1 to 4, 6 & 7. In the nature of the orders proposed to be passed in this petition, notices to the respondent Nos. 5, 8 & 9 will stand dispensed with.

(3.) It is pointed out by the petitioner that he has submitted Ext. P1 petition dated 18.03.2019 before the 3 rd respondent - Deputy Director of Panchayat, Thrissur for redressal of his grievances for removal of the alleged unlawful encroachment. The petitioner has further submitted Ext. P3 petition dated 08.07.2019 before the 4th respondent-Deputy Tahasildar, Thrissur. The petitioner has also submitted Ext.P2 petition dated 21.03.2019 before 6th respondent-Executive Engineer, PWD (Roads Division). There appears to be lack of clarity in the pleadings and materials in this case as to whether the alleged unlawful encroachment is a public property, which is vested with the 5th respondent, Avinissery Grama Panchayat or with the 6 th respondent-Executive Engineer, PWD (Roads Division), Thrissur.