Appeal dismissed directing appellant to approach the civil court regarding pending suit and status quo order; court held construction impact is factual issue for civil court.
Appellant directed to approach the Civil Court for appropriate directions; Writ Appeal disposed without specific relief granted to appellant.
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 HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 29TH DAY OF JULY 2013/7TH SRAVANA, 1935
WA.No. 1132 of 2013 () IN WP(C).13176/2013
AGAINST THE ORDER/JUDGMENT IN WP(C) 13176/2013 of HIGH COURT OF KERALA DATED 03-07-2013
APPELLANT(S)/APPELLANT/PETITIONER:
M.N.SASIDHARAN NAIR
S/O.R.NARAYANA PILLAI, MALIMEL HOUSE EAST OPTHRA-KUNNATHUKARA P.O, THIRUVALLA TALUK PATHANAMTHITTA DIKSTRICT PIN 689 546
BY ADVS.SRI.PRASAD CHANDRAN
SRI.BIJO THOMAS GEORGE
RESPONDENT(S)/RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT GOVERNMENT SECRETARIATE
THIRUVANANTHAPURAM PIN 695 001
2. THE EXECUTIVE ENGINEER,
3. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D ROADS SUB DIVISION, THIRUVALLA PIN 689 001
4. ERAVIPEROOR GRAMA PANCHAYATH REP.BY ITS SECRETARY, KOZHIKALA P.O, VIA VALLAMKULAM PATHANAMTHITTA DISTRICT PIN 689 545
5. THE VILLAGE OFFICER, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK PATHANAMTHITTA DISTRICT PIN 689 545
6. C.P GOPINATHAN NAIR, CHEKKATHU HOUSE, EAST OTHARA, ERAVIPEROOR VILLAGE PATHANAMTHITTA DISTRICT PIN 689546
R1 TO R3 BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MANJULA CHELLUR, C.J & K.VINOD CHANDRAN, J.
W.A.No. 1132 of 2013
Dated this the 29th day of July, 2013 JUDGMENT
Manjula Chellur, C.J.
The predicament of the appellant seems to be on his own invitation. However, we have to see what exactly the directions of this Court on earlier occasion and the factual situation now the appellant is faced with.
WA.1132/13 2
only after complying with the legal formalities, if necessary, after hearing the affected parties.
3
WA.1132/13
ascertained and then decision to construct the ramp in the 'Attu Puramboke' whether it would affect the property of the appellant as well is to be seen, we direct the appellant to approach the civil court in the suit already pending seeking appropriate and necessary direction. It is needless to say, none of the observations made by this court would come in the way of the civil court while taking a decision.
With these observations, the Writ Appeal is disposed of.
MANJULA CHELLUR, CHIEF JUSTICE
K.VINOD CHANDRAN, JUDGE
vgs30.7
3 issues framed by the court
Whether the respondent authorities could accord permission for construction despite a pending civil suit and status quo order.
Whether the construction of the ramp would affect the appellant's adjacent property property.
The appropriate forum to decide the ongoing controversy regarding the ramp construction.
M.N. Sasidharan Nair
State of Kerala
Executive Engineer
Assistant Executive Engineer
Eraviperoor Grama Panchayath
Village Officer
Manjula Chellur
K Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
