2025:KER:25954 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 33916 OF 2023 PETITIONER: U K MADHU, AGED 52 YEARS, S/O KARTHIKEYAN, MARX ESTATES, PARAVATH GARDENS, BOAT JETTY ROAD, VADUTHALA, ERNAKULAM, PIN – 682023. BY ADVS. C.R.SANISH KARTHIK S. ACHARYA ANJANA K.P. RESPONDENTS: 1 THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, PIN – 695003. 2 THE LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM, PIN – 695033. 3 THE DISTRICT COLLECTOR, COLLECTRATE,MALAPPURAM, PIN – 676505. 4 THE SECRETARY, MALAPPURAM MUNICIPALITY, MALAPPURAM, PIN – 676505. 5 THE CHIEF ENGINEER, MALAPPURAM MUNICIPALITY, MALAPPURAM, PIN – 676505. W.P.(C)No.33916 of 2023 2 2025:KER:25954 6 THE EXECUTIVE ENGINEER, MALAPPURAM MUNICIPALITY, MALAPPURAM, PIN – 676505. 7 THE ASSISTANT ENGINEER, MALAPPURAM MUNICIPALITY, MALAPPURAM, PIN – 676505. BY ADVS. K.I.ABDUL RASHEED, SC, MALAPPURAM MUNICIPALITY ARJUN SASI ANANTH KRISHNA K.S. OTHER PRESENT: SRI T JAYAN GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.33916 of 2023 3 2025:KER:25954 JUDGMENT The petitioner, a resident of Ernakulam has filed the captioned writ petition complaining about certain encroachments with respect to the Panakkad-Chirakal Thodu Restoration Project, undertaken by the 4th respondent Municipality. 2. I have heard Sri.Karthik S.Acharya, the learned counsel for the petitioner and Sri.K.I.Abdul Rasheed, the learned Standing Counsel for the 4th respondent Municipality, as well as Sri.T.Jayan, the learned Government Pleader. 3. The petitioner, it is true has submitted Ext.P1 representation before the various Government Authorities pointing about the construction activity undertaken, as noticed above, as well as certain alleged encroachments carried out by third parties. In such circumstances, through Ext.P1, appropriate steps are sought to be taken against the encroachments. W.P.(C)No.33916 of 2023 4 2025:KER:25954 4. The 4th respondent has filed a statement dated 07.06.2024, wherein at paragraph No.3, it has been pointed out as under: “ 3. It is submitted that the work is carried out protecting the natural boundary of the said canal. As per Section 208A of the Kerala Municipality Act which was inserted by Act 8 of 1995 all public water courses including those which the public have been using so as to give easement right over them, whether existing at the commencement of the Act or setup thereafter whether made or constructed at the cost of Municipality or not, along with their river beds, banks etc. shall stand transferred to and shall absolutely vest in the Municipality, are vested absolutely with the Municipality,since the coming into force of the Act. This respondent has addressed the Taluk Surveyor as per its letter dated 11.01.2023 to measure and ascertain the puramboke land and to find out the real boundaries. As and when survey is completed if there is any encroachment, appropriate steps will be taken by the Municipality to evict the encroachment and to take possession of the said land. Since it is a time consuming process, if the work is put off until the survey is completed the fund will be lapsed and would result in further encroachment upon the puramboke land. It is further submitted that the work is now carried out by the Small Industries Development Corporation which is an approved agency of Central Government and the maintenance of quality and measurement is well within the responsibility of the said agency.” 5. In the light of the afore, I notice that the Municipality has pointed out its willingness to take appropriate action, on the basis of the finalization of survey W.P.(C)No.33916 of 2023 5 2025:KER:25954 by the authorities under the Survey and Boundaries Act. In the light of the afore, I am of the opinion that, no further orders are required issued in this case. 6. Resultantly, this writ petition would stand disposed of recording the undertaking made in the statement dated 07.06.2024. Needless to say, the 4th respondent Municipality to take emergent steps for removal of the encroachment, as and when the survey is carried out and finalize by the authorities under the statute. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.33916 of 2023 6 2025:KER:25954 APPENDIX OF WP(C) 33916/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REPRESENTATION DATED 26/09/2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS Exhibit P2 THE TRUE COPY OF THE POSTAL RECEIPTS DATED 26/09/2023 SHOWING EXT P1 SENT TO THE RESPONDENTS, 8 NUMBERS Exhibit P3 THE TRUE COPY OF THE APPLICATION SUBMITTED UNDER RTI ACT DATED 14/08/2023 AND ITS REPLY GIVEN BY THE PUBLIC INFORMATION, MALAPPURAM MUNICIPALITY DATED 12/09/2023 BEARING NO.D 1-15142/19 Exhibit P4 THE PHOTOGRAPHS SHOWING THE CONSTRUCTION OF THE SIDE WALL OF PANAKKAD CHIRAKAL THODU Exhibit P5 THE PHOTOGRAPHS SHOWING THE CONSTRUCTION OF THE SIDE WALL OF PANAKKAD CHIRAKAL THODU