A writ petition challenging a temporary shed encroaching on a PWD road and blocking land access. The court directed officials to consider and remove any future alleged encroachments, noting the immediate shed had already been removed.
Direct respondents to consider and remove any future encroachments on the road if the petitioner raises a complaint.
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.MUHAMED MUSTAQUE
FRIDAY, THE 4TH DAY OF APRIL 2014/14TH CHAITHRA, 1936
WP(C).No. 989 of 2014 (W)
PETITIONER:-
M. SUKUMARAN S/O.KALLIANIKUTTY AMMA MUDAVAKKADU HOUSE KOTTOPADAM PO, MANNARKKAD PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM
RESPONDENTS:-
1. THE DISTRICT COLLECTOR, PALAKKAD- 678 001.
2. ASSISTANT EXECUTIVE ENGINEER P.W.D.ROADS SUB DIVISION, MANNARKKAD-678 583.
3. ASSISTANT EXECUTIVE ENGINEER P.W.D.ROADS SUB DIVISION, KUMARAMPUTHUR-678 583
4. THE SUB INSPECTOR OF POLICE SREEKRISHNAPURAM-679 513
5. DASAN, S/O.SANKARAN PULIYANGATIL HOUSE, KULIKKILIYAD KOTTAPPURAM (PO) SREEKRISHNAPURAM (VIA) PALAKKAD (DIST) PIN.679518
6. SASIDHARAN S/O.RAMAN KUTTY GUPTAN, PUTHOORKALAM THOTTARA KOTTAPURAM(PO), SREEKRISHNAPURAM (VIA) PALAKKAD (DIST) PIN.679518
7. STATE OF KERALA REPRESENTED BY SECRETARY PUBLIC WORKS DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM- 695 001.
R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.S.JAMAL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 989 of 2014 (W)
APPENDIX
PETITIONER(S)' EXHIBITS:-
| EXT.P1 - TRUE COPY OF THE SALE DEED NO.5741 OF 2011 SRO, MANNARKKAD |
|---|
| EXT.P2- TRUE COPY OF THE REPRESENTATION DATED 6-8-2013 PRESENTED BY PETITIONER BEFORE 2ND RESPONDENT |
| EXT.P3 - TRUE COPY OF THE APPLICATION DATED 21-10-2013 PRESENTED BY THE PETITIONER BEFORE 2ND RESPONDENT UNDER R.T.I. ACT |
| EXT.P4 - TRUE COPY OF THE REPLY DATED 11-11-2013 TO EXHIBIT P2 APPLICATION RECEIVED FROM 2ND RESPONDENT |
| EXT.P5 - PHOTOGRAPHS SHOWING THE UNLAWFUL STRUCTURE PUT UP ON THE ROAD. |
| RESPONDENT(S)' EXHIBITS:- NIL. ----------------------- |
-// true copy //-
PA TO JUDGE.
Kvs/-
A.MUHAMED MUSTAQUE, J.
= = = = = = = = = = = = = WP(C).No.989 of 2014-W. = = = = = = == = = = = =
Dated this the 4th April, 2014.
J U D G M E N T
This writ petition is filed seeking a relief directing respondents 1 to 4 to demolish and remove the temporary shed erected by encroaching into the PWD road. The petitioner submits that such temporary shed is blocking access to the petitioner's land and after filing the writ petition shed has been removed. But petitioner apprehends encroachment again. Of course the official respondents are bound to see such grievance of the petitioner, if any complaint is made by the petitioner alleging such obstruction. There will be a direction to respondents 1 to 4 to consider the grievance of the petitioner if any raised in future on alleging encroachment and same shall be dealt to remove encroachment.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge)
Kvs/-
-// true copy //-
PA TO JUDGE.
2 issues framed by the court
Whether respondents should be directed to demolish and remove a temporary shed erected by encroaching into a PWD road.
Whether the petitioner should be directed to consider future grievances regarding similar encroachments.
M. SUKUMARAN
THE DISTRICT COLLECTOR, PALAKKAD
ASSISTANT EXECUTIVE ENGINEER P.W.D.ROADS SUB DIVISION, MANNARKKAD
ASSISTANT EXECUTIVE ENGINEER P.W.D.ROADS SUB DIVISION, KUMARAMPUTHUR
THE SUB INSPECTOR OF POLICE SREEKRISHNAPURAM
DASAN
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
