IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 6325 of 2006(C) --------------------------------- PETITIONER: --------------- BETTY KUNJUMON, W/O.KUNJUMON, AGED 39 YEARS, KURISINKAL HOUSE, K.R.PURAM P.O. CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. MR.M.RAMESH CHANDER RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, CHERTHALA. 3. THE VILLAGE OFFICER, PALLIPPURAM. BY GOVERNMENT PLEADER MR. SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2009, ALONG WITH WPC NO. 11223 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) Nos. 6325 of 2006 & 11223 of 2006 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2009 JUDGMENT The petitioner in WPC No. 6325 of 2006, who is a user of pathway leading to his property complains that respondents 1 and 2 are not taking appropriate action to evict the encroachers who had occupied portions of the pathway. It is stated that the pathway is a public pathway in use by the public. On the complaint lodged before the authorities under the Kerala Land Conservancy Act, the respondent initiated action to evict the encroachers. Some of the encoachers filed WPC 16065 of 2003 challenging the eviction proceedings. This Court by Ext.P1 judgment directed the respondents to hear those persons also before passing eviction order. The second respondent, during the course of proceedings informed the 3rd respondent that the property comprised in survey No. 62/4B, on measurement has been found to be a puramboke land and that certain persons have encroached portion of the same and therefore, directed the 3rd respondent to initiate action under the Land Conservancy Act. Ext.P2 is the communication. It is also stated that some of the encroachers filed O.S. 747/2003 before the Munsiff's Court, but the court declined to pass any interim order of injunction. WPC Nos. 6325 of 2006 & 11223 of 2006 : 2 : 2. In the counter affidavit filed by the second respondent, it is made clear that pathway is a public walkway and is a puramboke land. The property was measured, on field verification it was found that property is a puramboke land. It is also stated in the courter affidavit that the foot path leading to the premises of the petitioner is through puramboke having a width of merely 6 feet and eviction process is in progress to evict the encroachers from the puramboke land. In the counter affidavit it is also stated that one of the encroacher is St.Joseph's Church, Thirunalloor and it is not easy to evict religious institution from the Government land. The Land Conservancy Act is applicable to all citizens of this State. The enquiry proceedings is booked against encroachers. Whether encroacher is a private person or church authority, Act makes no difference. Therefore, the authority should have evicted the church people also from the Government land along with other encroachers. There is no reason to keep the proceedings slow stating that it is not very easy to evict the said encroacher. All the encroachers shall be dealt with on equal footing and no consideration shall be given to any persons whether, they are citizens politically influencial or not or religious institution. There is no justification for the delay in carrying out the directions in Exts.P2 and P3. It is an abdication of statutory power vested in the respondent and such conduct is deprecable. WPC Nos. 6325 of 2006 & 11223 of 2006 : 3 : 3. The connected writ petition No. 11223 of 2006 is filed by one of the encroacher challenging Ext.P2 order. In the facts stated above, there is, no grounds are made out to interfere with the above order. In the result: The writ petition No. 6325 of 2006 is allowed. There will be a direction to respondent to evict the encroachers within a period of 3 months from the date of receipt of the copy of the judgment. The respondents 1 and 2 are free to seek necessary police protection if circumstances warrants so. The writ petition No. 11223 of 2006 shall stand dismissed. (HARUN-UL-RASHID, JUDGE) KMD