Rajeev A.K vs Kalamassery Municipality And Ors

Shaji P. Chaly, J

This is a Public Interest Litigation filed by a person claiming to be a public spirited citizen of India and a local resident within the limits of

Kalamassery Municipality, seeking the following reliefs:-

“(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 forthwith summarily

evict all the unauthorized encroachers who have encroached into the Jawaharlal Nehru road (HMT road) starting from the HMT junction

at Kalamassery and proceeding towards east.

(ii) Allow cost of the petition to the petitioner.â€​

The basic contentions advanced by the petitioner is that the respondent Municipality, its Secretary and other Government officials, including the

District Collector, Ernakulam, have not taken any action for evicting the unauthorized encroachers from the public road, namely Jawaharlal Nehru

road (HMT road), starting from HMT junction Kalamassery and proceeding towards east. According to the petitioner, several shops including hotel,

Milma booth, fruit shops, thattukada, bakery, telephone booth etc. are functioning on the north eastern corner and along the northern portions of the

said road.

That apart, it is stated that the said shops have been put up by encroaching into the northern portion of the road at a width of 15 meters and a length

of 50 meters towards east, and further encroachment continues towards east, along the northern portion of the road, i.e., after the bus stop and auto

rickshaw stand. Petitioner also submitted that even though Municipality and the Secretary were apprised of the situation even by way of a written

representation, no actions were initiated, persuading the petitioner to approach this Court by filing the writ petition.

The Assistant Executive Engineer, PWD Roads has filed a counter affidavit basically contending that on enquiry, it was found that various shops

are functioning along the northern side, proceeding towards east of HMT road, by encroaching the public road, and they are remaining as unauthorized

structures. However, it was learned that 10 number of shops functioning there are having unauthorized (UA) shop numbers from Municipality and 8

number of shop rooms are having electric connection from the Kerala State Electricity Board. The Assistant Executive Engineer also submitted that it

is for the Municipality to take appropriate action to remove the encroachments by rehabilitating the encroachers.

The Municipality and its Secretary, i.e. respondents 1 and 2, have also filed a statement before this Court stating that in spite of earnest efforts of

the Municipality, the encroachers could not be evicted due to the stiff resistance put forth by them.

However, today when the when the matter was taken up, Mr M.K. Aboobacker, learned Standing Counsel for the Kalamassery Municipality

submitted that all the encroachers were removed from the road portion, and has rehabilitated them, and at present, the issues raised by the petitioner in

the writ petition no more survive. In that view of the matter we do not propose to dwell deep into the rival submissions made across the bar being a

futile exercise.

After having heard respective counsel on either side and perusing the pleadings and material on record, we are of the considered opinion that the

writ petition can be given a quietus by recording the submission made by learned Standing Counsel for the Municipality, that the relief sought for by

the petitioner in the writ petition have become infructuous, consequent to the action taken by the Municipality, by removing the unauthorized

encroachers and rehabilitating them.

Therefore the writ petition is disposed of recording the above submission of the learned Standing Counsel for the Kalamassery Municipality, and also

making it clear that if anything remains to be done to remove such encroachments the Secretary of the Municipality shall take adequate and effective

steps at the earliest. All the pending interlocutory applications would stand closed.