Writ petition challenging failure to implement Superintending Engineer's order on bus-bay shifting. Court remanded for local inspection and further enquiry by Superintending Engineer.
Direction to Superintending Engineer to conduct local inspection, hear all parties, and pass orders within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932
WP(C).No. 18950 of 2008(E) ---------------------------------------
PETITIONERS:
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1. EAPEN CHACKO, AGED 74, RESIDING AT EZHAMALAYIL PERUMPAIKKAD VILLAGE, KOTTAYAM TALUK.
2. ELIAMMA EAPEN, AGED 54, RESIDING AT EZHAMALAYIL PERUMPAIKKAD VILLAGE, KOTTAYAM TALUK.
BY ADV. SRI.JOHN JOSEPH VETTIKAD.
RESPONDENTS:
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1. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, KOTTAYAM.
3. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
4. THE SUPERINTENDING ENGINEER, KERALA STATE ROAD TRANSPORT PROJECT, RAJADHANI, COMPLEX, KARAMANA, THIRUVANANTHAPURAM.
5. THE EXECUTIVE ENGINEER, KERALA STATE ROAD TRANSPORT PROJECT DIVISION OFFICE, REST HOUSE COMPOUND, MUVATTUPUZHA.
6. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ROAD TRANSPORT PROJECT DIVISION OFFICE, REST HOUSE COMPOUND, MUVATTUPUZHA.
7. THE SPECIAL TAHSILDAR, LAND ACQUISITION (N.H) REVENUE TOWER, CHANGANACHERRY.
W.P.(C). NO.18950/2008-E:
*ADDL. R8. IMPLEADED:
8. MOHAMMED ISMAIL, AGED 54, S/O. T.M. ABDUL KAREEM, VALIYAVEETTIL HOUSE, ERUMELY VILLAGE, KANJIRAPPALLY TALUK.
*ADDL.R8 IS IMPLEADED AS PER ORDER DT. 14/01/09 IN I.A. 362/09.
**ADDL.R9. IMPLEADED:
9. NEELIMANGALAM MUSLIM JAMA – ATH, PERUMBAIKKADU VILLAGE, KOTTAYAM, REPRESENTED BY ITS SECRETARY.
**ADDL.R9. IS IMPLEADED AS PER ORDER DT. 08/04/09 IN I.A. 4976/09.
R1 TO R7 BY GOVERNMENT PLEADER SRI. A.J. VARGHESE, ADDL.R8. BY ADV. SRI.LIJI.J.VADAKEDOM, ADDL.R9. BY ADV. SRI.V.P.MOHAMMED NIYAZ.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.18950/2008-E:
APPENDIX
PETITIONERS' EXHIBITS & ANNEXURE:
EXT.P.1: COPY OF THE RECOMMENDATIONS DTD. 23/01/2004 OF THE EXECUTIVE ENGINEER FOR THE SHIFTING OF THE BUS BAY FROM THE FRONT PORTION OF THE PETITIONERS' SHOP ROOM AND THE RESIDENTIAL BUILDING.
EXT.P.2: COPY OF THE STRIP PLAN SUBMITTED BY THE EXECUTIVE ENGINEER FOR THE SHIFTING OF THE BUS BAY.
EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).NO.21457/2004 DTD. 21/07/2008.
EXT.P.4: COPY OF THE PROCEEDINGS OF THE SUPERINTENDING ENGINEER WITH NO PWD/KSTP/PMT/80/01 DTD. 17/09/2004.
EXT.P.5; COPY OF THE NOTICES NO. B5 412/06 (174) DTD. 24/05/2008 UNDER SECTION 9 (3) OF THE LAND ACQUISITION ACT.
EXT.P.6: COPY OF THE NOTICES NO.B5.412/06 (173) DTD. 24/05/2008 UNDER SECTION 9 (3) OF THE LAND ACQUISITION ACT.
EXT.P.7: COPY OF THE SURVEY PLAN IN RESPECT OF THE CHANGED AILMENT.
EXT.P.8: COPY OF THE STATEMENT GIVEN BY THE R.7 TO THE GOVERNMENT DTD. 02/07/2008.
ANNEXURE-I: COPY OF THE SALE DEED NO.636/07 OF THE ADDL. SRO, KOTTAYAM.
RESPONDENTS' EXHIBITS:
EXT.R5.A: COPY OF THE LETTER DT. 17/06/2008 ISSUED BY EXECUTIVE ENGINEER, SPECIAL TAHSILDAR.
EXT.R5.B: COPY OF THE ORIGINAL STIRP PLAN.
EXT.R5.C: COPY OF THE MODIFIED STRIP PLAN.
EXT.R8.A: COPY OF THE SALE DEED NO. 636/07 OF THE ADDL. S.R.O. KOTTAYAM.
EXT.R8.B: COPY OF THE PERMISSION DTD. 02/06/2008 GRANTED TO THE PETITIONER BY THE OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM.
EXT.R9.A: COPY OF THE APPROVED PLAN ISSUED BY THE KUMARANALLOOR PANCHAYATH DTD. NIL.
EXT.R9.B: COPY OF THE APPROVED PERMIT ISSUED BY THE KUMARANALLOOR PANCHAYATH DT. 05/12/2006.
EXT.R9.C: COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE KUMARANALLOOR PANCHAYATH FOR THE PERIOD 2007-08 IIND HALF DT. 29/11/2007.
EXT.R9.D: COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE KUMARANALLOOR PANCHAYATH FOR THE PERIOD 2008-09 IIND HALF DTD. 14/11/2008.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C). No.18950/2008-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of July, 2010
J U D G M E N T
This writ petition is filed by the petitioners seeking implementation of Ext.P4 proceedings of the Superintending Engineer, namely, the fourth respondent herein.
W.P.(C). No.18950/2008
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(Ext.P1) which reflects the apprehension of the petitioner. It is mentioned in Ext.P1 that the proposed acquisition will affect the business establishments and prospects, and also a drinking water well is existing in the proposed Busbay. Finally, it was recommended that in the alternative, the Bus-bay can be provided between boundary stones 235 and 241 at a length of 50 mts. Ext.P2 is the copy of the strip plan submitted by the Executive Engineer. The Superintending Engineer by Ext.P4 passed appropriate proceedings also for shifting it.
W.P.(C). No.18950/2008
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W.P.(C). No.18950/2008
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issued by the Superintending Engineer have not been fully complied with by the Executive Engineer. The learned counsel for the petitioners also relied upon a copy of the statement of facts forwarded by the Special Tahsildar, the seventh respondent to the learned Government Pleader which has been produced as Ext.P8 in support of the plea. According to the learned counsel for the petitioners, it can be seen on a reading of Ext.P8 that the Executive Engineer has not fully effected the order Ext.P4 for certain technical reasons.
counsel appearing for additional respondent Nos.8 and 9 contended that what is involved in implementation of Ext.P4 is shifting of the Bus-bay by 20 mts. from the Southern point of the plan which was prepared earlier (prior to the passing of Ext.P4 order). The learned counsel for the petitioners submitted that it should be shifted by 20 mts. from Northern point itself.
W.P.(C). No.18950/2008
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the measurements as well as other details available in the spot to find out whether the Bus-bay has been properly shifted in tune with Ext.P4.
W.P.(C). No.18950/2008
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considered while taking a decision. Appropriate orders will be passed after hearing the parties within a period of three months.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms
2 issues framed by the court
Whether the Executive Engineer implemented the Superintending Engineer's order regarding the bus-bay location.
Whether the Court can adjudicate disputed questions of fact regarding land acquisition measurements.
Colour shows how this judgement treated each authority
W.P.(C).No.21457/2004Referred¶59
1 provisions across 1 enactments
Eapen Chacko
Eliamma Eapen
State of Kerala
District Collector, Kottayam
Superintending Engineer, Kerala State Road Transport Project
Mohammed Ismail
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
T.R. Ramachandran Nair
Parties & counsel
