In this writ petition concerning obstruction by private construction, the court noted the impugned sheds were demolished by the State. Since the immediate grievance was remedied, the court closed the petition, reserving rights against subsequent encroachments like a newly erected flag mart.
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 A.V.RAMAKRISHNA PILLAI
THURSDAY, THE 19TH DAY OF JUNE 2014/29TH JYAISHTA, 1936
WP(C).No. 6871 of 2011 (H)
PETITIONERS:
1. C.K.GOPALAN, AGED 76 YEARS, S/O. KUNHAYYAPPAN, CHARUVIL VEEDU, THRICHATTUULAM P.O., PANAVALLY, ALLEPPEY DISTRICT.
2. DILIP KUMAR, S/O. C.K.GOPALAN, CHARUVIL VEEDU, THRICHATTUULAM P.O., PANAVALLY, ALLEPPEY DISTRICT.
BY ADVS.SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH
RESPONDENTS:
1. PANAVALLY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANAVALLY, ALLEPPEY DISTRICT-688 566.
2. ASSISTANT EXECUTIVE ENGINEER, PWD, ROADS SUB DIVISION, CHERTHALA-688 524.
3. ASSISTANT ENGINEER, PATTANAKKADU ROADS SUB DIVISION, P.W.D., PATTANAKKADU P.O., CHERTHALA-688 524.
4. RAMESAN,
5. BASHEER,
6. ADDITIONAL TAHSILDAR, CHERTHALA-688 524.
R1 BY ADVS.SRI.A.JAYASANKAR
SRI.MANU GOVIND R2,R3 & R6 BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL R4 & R5 BY ADV. SRI.V.M.SYAM KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.6871/2011 (H)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: PHOTOGRAPH OF THE ENCROACHMENT.
EXT.P2: COPY OF THE REPRESENTATION DATED 27/11/2010 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT.
EXT.P3: COPY OF THE REPRESENTATION DATED 26/11/2010 SUBMITTED BY THE 1ST PETITIONER TO THE VILLAGE OFFICER, PANAVALLY.
EXT.P4: COPY OF THE REPRESENTATION DATED 25/11/2010 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT.
EXT.P5: COPY OF THE REPLY DATED 29/11/2010 SENT TO THE 1ST PETITIONER BY THE 1ST RESPONDENT.
EXT.P6: COPY OF THE REPLY DATED 4/01/2011 SUBMITTED TO THE 1ST PETITIONER BY 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:
N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
A.V. RAMAKRISHNA PILLAI, J.
W.P.(C) No. 6871 of 2011
Dated this the 19th day of June, 2014
J U D G M E N T
The petitioners approached this Court alleging that
on the road margin between the properties of the petitioners and Cherthala - Arookutty Road, respondents 4 and 5 have constructed two sheds and started conducting a tea shop and a barbershop therein. According to the petitioners, due to the said construction, the petitioners' land became locked and they cannot open a gate to the road on the eastern side of their property.
W.P.(C) No. 6871 of 2011
..2..
property.
As the very purpose sought to be achieved by the filing of this writ petition has been served, the writ petition is only to be closed.
Therefore, the writ petition is closed reserving the right of the petitioners to seek remedies against the
subsequent encroachment in appropriate proceedings.
Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE
bka/-
1 issue framed by the court
Whether the writ petition seeking removal of obstruction required a fresh decision given the demolition of the initial encroachment.
C.K.GOPALAN
DILIP KUMAR
PANAVALLY GRAMA PANCHAYATH
ASSISTANT EXECUTIVE ENGINEER, PWD
RAMESAN
BASHEER
A.V. RAMAKRISHNA PILLAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
