ERATTUPETTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY Vs. STATE OF KERALA, REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) This writ petition is filed by the petitioner Municipality seeking to quash Ext.P1 order passed by the Additional Tahsildar, Meenachil dated 17.09.2016, whereby it was found that the Secretary of the Municipality is liable along with others for encroaching into a river 'puramboke' belonging to the Revenue Department, and for other consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) According to the petitioner, prior to the conversion as Municipality in the year 2015, it was a Grama Panchayat governed by the provisions of the Kerala Panchayat Raj Acts, 1960 and 1994. As per Sec.82 of 1960 Act and Sec.218 of 1994 Act, all public water courses, the beds and banks of rivers are vested with the Panchayat. There are two rivers viz., 'Teekoy river' originating from the area of Teekoy Grama Panchayat and 'Poonjar river' originating from the area of Poonjar Thekkaka Grama Panchayat, passing through the area of the petitioner Municipality. These rivers confluence at the place namely 'Mukkada' and flows as one river. After the merging, it is called "Meenachil river" and passes towards western direction through Thalappalam Grama Panchayat.

(3.) There is some 'puramboku' land adjacent to the 'Teekoy river' situate in Survey No.95, Block No.48 of Erattupetta Village. In view of Sec.82 of Panchayat Raj Act, 1960, and Sec.218 of the Panchayat Raj Act, 1994, the above puramboku land is vested with the Panchayat. During 1998, the Panchayat constructed a building in the above land for the purpose of its Mini Industrial Estate. The above building and the land appurtenant thereto are lying in between the Erattupetta - Thodupuzha State Highway and the Teekoy river. Prior to the construction of the building in the puramboku land, the same was occupied by three families. Yet another portion of the puramboke land was under the possession of a mosque viz., 'Pezhinkadu mosque' owned by Erattupetta Nynarpally Jama-ath. For the construction of the mini industrial estate building, the Erattupetta Grama Panchayat wanted those three families to restrict their occupation to 2.40 Ares of land each. Accordingly, those three families have confined their occupation to the allotted 2.40 Ares by constructing residential houses, and one of those family belong to Scheduled Caste community. The residential houses were constructed utilizing the funds granted by the Government, and according to the Municipality, the predecessors-in-interest were residing in the property for the past more than 100 years. Other circumstances are also pointed out, justifying the action of the Municipality in occupying the premises.