K. Surendra Mohan, J.@mdashThe petitioner, a Panchayat, complains of encroachment on an extent of 1.50 acres of land comprised in re-survey No. 120-113/2 of Karulai Village in Nilambur Taluk in Malappuram District. According to the Panchayat, the said ''poramboke'' land was vested in the Panchayat, by virtue of Section 171 of the Kerala Panchayat Raj Act, 1994 (hereinafter ''the Act'' for short). The land was being used as a grazing ground and public play ground by the Panchayat. While so, a number of persons have encroached into the said property and erected temporary sheds and other structures there, as evident from Exhibit P1 photographs. According to the learned counsel for the petitioner, nobody is residing there and it has not been possible to identify the occupants of the structures so put up. Therefore, the Panchayat has not been in a position to remove the encroachment or to evict the encroachers. In spite of the above, Exhibit P2 resolution has been adopted by the Panchayat and the same has been forwarded to the 1st respondent for necessary action. The petitioner seeks the issue of appropriate directions for eviction of the encroachers from the ''poramboke'' land. The learned Government Pleader, on instructions, submits that no copy of the resolution as contended by the petitioner was received by the 1st respondent on the date mentioned. It is for the said reason that no action was taken in the matter. Further, according to the learned Government Pleader, since the property has become vested in the Panchayat, it is for the Panchayat to initiate action, for evicting the encroachers. The Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorised Occupants) Rules, 1996(hereinafter, ''the Rules'' for short) empowers the petitioner sufficiently for the purpose of evicting such encroachers. Rule 4 confers exclusive power on the Panchayat to evict unauthorised occupants from the land belonging to or vested in the Panchayat. Rule 3 of the said Rules, enacts a prohibition against unauthorised occupation of such lands. The procedure for evicting the encroachers is stipulated by Rule 5. If the petitioner requires any Police assistance for the said purpose, it is upto the petitioner to invoke the provisions of Section 252 of the Act, it is submitted. For the above reasons, it is submitted that the petitioner may be directed to invoke the said powers to evict the unauthorised occupants.
2. Heard. In view of the provisions of the Rules referred to above, I am satisfied that the petitioner has got sufficient powers to remove the encroachments that are seen in the photographs, produced as Exhibit P1. The difficulty voiced by the petitioner is regarding the manner of serving notice on the persons, who have made the encroachment, in view of the fact that nobody is residing there. If nobody is residing there, it shall be upto the Panchayat to serve notice on the encroachers by affixing the notice at site and on the notice board of the Panchayat. Therefore, it is up to the Panchayat to follow the procedure prescribed by Rule 5 of the Rules and to evict the encroachers, without further delay. If the Panchayat requires any Police assistance, the power u/s 252 of the Act can be invoked. The 2nd respondent shall also render necessary Police assistance to the petitioner to ensure that the encroachers are removed and the ''poramboke'' land is kept free of the encroachments.
This Writ Petition is disposed of with the above directions.
