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Kerala HC directs Malappuram Collector to remove encroachments for Thirunnavaya rail over-bridge

The Kerala High Court disposed of a Public Interest Litigation (PIL) filed seeking a direction to the respondents to evict encroachers of public property owned by the Government/ RDBCK, acquired for the construction of Thirunnavaya railway over-bridge in Malappuram District.

The PIL further seeks direction to the respondents to ensure that the road/pathway on the north western side of the Thirunnavaya railway over-bridge, in Malappuram District is used as a public pathway/road without any obstruction from the erstwhile property owners.

The Division Bench of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu noted from the communication issued by the 6th respondent (Roads and Bridges Development Corporation of Kerala Ltd) to the District Collector, Malappuram, request has been made to take follow-up action to demarcate the boundary and to protect the public property.

It is appropriate that the District Collector, Malappuram shall consider the request made by the 6th respondent and conclude the proceedings in a time-bound manner at any rate within a period of four months, held by the High Court.

“If it is found that there are encroachments, necessary action shall be taken to remove the same in accordance with due procedure as contemplated under law. The Panchayat shall also submit necessary report to the District Collector in this regard within a period of one month,” the Court directed.

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