T BALACHANDRAN Vs. STATE OF KERALA; DISTRICT COLLECTOR, COLLECTORATE; TAHSILDAR TALUK OFFICE, MUKUNDAPURAM; TALUK SURVEYOR MUKUNDAPURAM TALUK; VILLAGE OFFICER PUTHENCHIRA VILLAGE; PUTHENCHIRA GRAMA PANCHAYAT; CHAIRMAN PUTHENCHIRA GRAMA PANCHAYATH; ASSISTANT EXECUTIVE ENGINE

JUDGEMENT

(1.) Petitioner is stated to have been aggrieved by the illegal construction of retaining wall of 'Vallukulam' pond of Puthenchira Grama Panchayat by substantially reducing its width and leaving area outside its eastern boundary of the pond. In effect, the petitioner contends that the owner of the property situated to the eastern side of the pond in question has encroached upon the pond to a certain extent. However, the authorities, without evicting such encroachers on the eastern side, is constructing the compound wall, by which the circumference of the pond is substantially reduced.

(2.) Statement of objections are filed by the Revenue Divisional Officer on 15.07.2016, which clearly reveals that on a preliminary measurement, based on the sketch available on 05.07.2015, a reduction in the area of the pond to the extent of about 2 cents was noted. Thus, the concerned officials have decided to conduct fresh survey to ascertain the boundaries of the pond.

(3.) Subsequently, the Taluk Surveyor measured the Puramboke land on 08.07.2016 as per the directions of the higher officials and it is found that the eastern boundary of the pond is not encroached. The total extent of the pond as per the Village sketch is 0.0486 Hectares. About 0.0014 Hectares of land is seen merged with the public road in the southern side. 0.0020 Hectares of puramboke land on the northern side of the pond is seen in the possession of one Smt.Sarada Amma, Ikkara House, Puthenchira Village and 0.0052 Hectares of puramboke land on the western side of the pond is in possession of Smt.Malathy Amma, Cherat House, Puthenchira Village. As per the measurement of the puramboke land, it is clearly seen that the retaining wall built on the northern, western and southern sides are not constructed on the exact boundary of the pond. Thus, the affidavit dated 15.07.2016 submitted by the RDO clearly mentions that the retaining wall built on the northern and western side are not constructed on the exact boundary of the pond and that directions are issued to the Puthenchira Grama Panchayat to evict the encroachers and reclaim the puramboke property. From the aforesaid report of the State Government, it is clear that there is certain encroachment, at least by two private persons, and that action will be taken to evict the encroachers and to reclaim the puramboke property.