The High Court of Kerala disposed of a writ petition filed by a disabled petitioner challenging a notice to remove slabs placed over an irrigation canal. No substantive legal question was addressed, and the petition was disposed of by directing the respondent to consider the representation within six weeks.
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 P.R.RAMACHANDRA MENON
TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361
WP(C).No. 60 of 2015 (F)
PETITIONER :
RAJI K KOSHY, MOMMOOTTIL KANDATHIL HOUSE, MANJADI P.O., THIRUVALLA.
BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR SRI.S.PRAJESH
RESPONDENT(S):
1. EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA -689 645.
2. THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION, THIRUVALLA - 689101.
3. ASSISTANT ENGINEER,
R1 TO R3 BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 60 of 2015 (F)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT-P1- | TRUE COPY OF THE IDENTITY CARD ISSUED BY THE SOCIAL WELFARE DEPARTMENT. |
|---|---|
| EXHIBIT-P2- | TRUE COPY OF THE SALE DEED DOCUMENT NO. 1341/1/2011 DATED 02/05/2011 REGISTERED IN SUB REGISTRAR OFFICE, THIRUVALLA. |
| EXHIBIT-P3- | TRUE COPY OF THE SETTLEMENT DEED DOCUMENT NO. 2844/2014 DATED 20/09/2004 REGISTERED IN SUB REGISTRAR OFFICE, THIRUVALLA. |
| EXHIBIT-P4- | TRUE COPY OF THE AGREEMENT DATED 11/04/2011 EXECUTED BETWEEN THE 2ND RESPONDENT AND K.C. ABRAHAM. |
| EXHIIT-P5- | TRUE COPY OF THE PHOTOGRAPHS OF THE REPLACED SLAB PORTION. |
| EXHIBIT-P6- | TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 29/12/2014. |
| EXHIBIT-P7- | TRUE COPY OF THE PHOTOGRAPHS OF THE SLAB COVERED CANAL PORTIONS. |
| EXHIBIT-P8- | TRUE COPY OF THE REPRESENTATION DATED 01/01/2015. |
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.S.TO.JUDGE
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P.R. RAMACHANDRA MENON, J.
W.P.(C)No.60 OF 2015
Dated this the 6th January, 2015
J U D G M E N T
The petitioner, who is a senior citizen having 40% Loco
motor disability, has approached this Court with the following
prayers:
i) issue a writ of certiorari or other appropriate writ, direction or order calling for records relating to Ext P6 and quash the same ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents to retain the concrete slabs across the irrigation canal so as to use the road in the existing condition. iii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents not to remove the concrete slabs constructed as per Ext P4 agreement without sufficient reason. iv) issue a writ of mandamus or any other appropriate writ order or direction, commanding 1st respondent to dispose of Ext P8 representation forthwith; and
v) issue such other appropriate writ, order or direction as this Hon'ble Court deem fit and proper, in the circumstances of the case.”
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W.P.(C)No.60 OF 2015
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W.P.(C)No.60 OF 2015
Canal. It was in the said circumstance that the petitioner was served with notices, including Ext.P6 to do the needful as mentioned therein . It is stated that the action pursued by the concerned respondents is perfectly within the four walls of law and is not assailable under any circumstance.
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W.P.(C)No.60 OF 2015
the earliest, at any rate, within six weeks from the date of receipt of a copy of the judgment. Coercive proceeding shall be
kept in abeyance till such time.
P.R.RAMACHANDRA MENON JUDGE
lk
2 issues framed by the court
Whether the writ petition praying for consideration of a representation and quashing of a notice should be disposed of by this Court or remanded to the authorities.
Whether the impugned notice requiring removal of slabs over the irrigation canal causes unjust hardship to a disabled petitioner.
Raji K Koshy
Executive Engineer, Minor Irrigation Division, Pathanamthitta
Assistant Executive Engineer, Minor Irrigation Sub Division, Thiruvalla
Assistant Engineer, Minor Irrigation Sub Division, Thiruvalla
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
