M.V.DEVASSYKUTTY Vs. KOOVAPPADY GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner, who is a resident of the 1 st respondent Grama Panchayat, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 5 to enforce Ext.P6 order dated 18.02.2019 of the 1 st respondent by removing the building constructed by the 6 th respondent in 45 sq.meters of property in Resurvey No.156/19-2 of Kovvappady Village and evict the encroachment in the water channel vested with the Grama Panchayat, within a time limit to be fixed by this Court.

(2.) In the writ petition it is alleged that the 6 th respondent encroached upon 45 sq.meters of water channel in Resurvey No.156/19-2 of Kovvappady Village vested with the 1st respondent Grama Panchayat, which is causing water logging in petitioner's property. Based on the complaint made by the petitioner, the 3rd respondent Taluk Surveyor of Kunnathunadu Taluk, measured and earmarked the encroachment on the property vested with the 1st respondent Grama Panchayat. The sketch prepared by the

(3.) rd respondent is placed on record, along with Ext.P2 covering letter dated 27.07.2018 of the 2 nd respondent Tahsildar, Kunnathunadu Taluk, addressed to the Secretary of the 1st respondent Grama Panchayat. The grievance of the petitioner is that despite Ext.P2, no action has been taken by respondents 1 to 5 to remove the encroachment made by the 6th respondent in the water channel, which is causing water logging in the area in question. 3. On 30.08.2019, when this writ petition came up for admission, the learned Standing Counsel took notice for the 1st respondent Grama Panchayat. The learned Government Pleader took notice for respondents 2 to 5. This Court issued urgent notice on admission by speed post to the 6 th respondent, returnable within three weeks.