SHEELA BABU Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The 1st petitioner is the owner in possession of 50 cents of land in Re.survey No.517/21 of Elamkunnapuzha Village covered by Ext.P1 sale deed No.3634/1993 of the Sub Registrar Office, Njarakkal. The 2nd petitioner is stated to be the owner in possession of 132 cents in Survey Nos.519/3 and 519/19 of Elamkunnapuzha Village and petitioners 3, 4 and 5 are stated to be the owners in possession of 129.5, 68.7 and 39.5 cents of property in Survey Nos.1448/12, 1449/20 & 1452 of Elamkunnapuzha Village. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Revenue Divisional Officer, Fort Kochi to initiate urgent measures to implement Ext.P8 decision taken by the 2nd respondent Elamkunnapuzha Grama Panchayat, within a time limit to be stipulated by this Court.

(2.) The grievance of the petitioners are against respondents 3 to 5. Respondents 3 to 4 own approximately 111 cents of land in Sy.Nos.517/5 and 517/22 of Elamkunnapuzha Village, in which the 5th respondent, the mother of respondents 3 and 4, is conducting a gas agency, namely, 'Coastal Gas Services'. There is a pathway on the western side of the petitioners property, which is their only access, which is abutting a small canal (thodu). The property owned by respondents 3 and 4 lies on the western side of the petitioners property. Besides the property of respondents 3 and 4, there is land having an extent of 7 cents in Sy.No.517/6 of Elamkunnapuzha Village, which is in fact Government puramboke, as evident from Ext.P2 relevant extract of Basic Tax Register. On 24.06.2020, respondents 3 to 5 have encroached into that Government puramboke by constructing wall and putting up a gate. Thereafter, they put up second gate on the eastern side of Government puramboke on 01.07.2020 and third gate on 28.07.2020. As a result of which the pathway leading to the petitioners properties is completely blocked.

(3.) The document marked as Ext.P3 is the photographs evidencing the alleged encroachment by respondents 3 and 4. The petitioners submitted Ext.P4 compliant dated 14.07.2020 before the 2nd respondent Grama Panchayat. The 1st petitioner has also submitted Ext.P5 complaint dated 02.07.2020 before the 1 st respondent Revenue Divisional Officer. On receipt of Ext.P4 complaint, the 2nd respondent issued Ext.P6 notice dated 27.07.2020 requiring petitioners and respondents 3 to 5 to appear for personal hearing on 29.07.2020. The petitioners as well as respondents 3 to 5 appeared before the 2nd respondent on 29.07.2020, as evidenced by Ext.P7 minutes dated 29.07.2020, it was decided that the obstruction should be removed in order to make the pathway usable. Despite Ext.P7, respondents 3 to 5 did not remove the obstruction or restore the pathway. In such circumstances, the 2nd respondent Grama Panchayat constituted a Committee which had inspected the property. Based on the report of the Committee, the 2nd respondent took Ext.P8 decision dated 10.08.2020. The 1st respondent Revenue Divisional Officer and the additional 6th respondent Tahsildar [LR], Fort Kochi are requested to take urgent steps to remove the encroachment and to repossess the Government puramboke. Seeking implementation of Ext.P8, the petitioners are before this Court in this writ petition.