Petitioner challenged authorization of waiting shed construction in PWD land obstructing her property's access. Bank confronted Petitioner that no obstruction occurred. Court dismissed petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 12TH DAY OF AUGUST 2016/21ST SRAVANA, 1938
WP(C).No. 15013 of 2009 (V)
PETITIONER(S):
VIJAYALEKSHMI AMMA, CHERUVALLOOR,ALA NORTH MURI, ALA VILLAGE,CHENGANNUR.
BY ADV. SRI.P.B.SAHASRANAMAN
RESPONDENT(S):
1. THE REVENUE DIVISIONAL OFFICER, CHENGANNUR.
2. THE TAHASILDAR,CHENGANNUR. 3. THE VILLAGE OFFICER, ALA VILLAGE,CHENGANNUR.
4. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D.(ROADS),CHENGANNUR.
5. THE CIRCLE INSPECTOR OF POLICE, CHENGANNUR.
6. PRAMOD,CHERUVELIPPARAMBIL, ALA NORTH MURI,ALA VILLAGE, P.O.CHENGANNUR.
7. ANIL @ AJI,PLAVUNILKUNNATHIL, ALA NORTH MURI,ALA VILLAGE, P.O.CHENGANNUR.
9. RENJITH,KAVINTE VADAKKATHIL, ALA NORTH MURI,ALA VILLAGE, P.O.CHENGANNUR.
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WP(C).No. 15013 of 2009 (V)
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WP(C).No. 15013 of 2009 (V)
APPENDIX
PETITIONER(S)' EXHIBITS:
------------------------
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.S.TO JUDGE
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P.V.ASHA, J.
W.P(C) No.15013 of 2009-V
Dated this the 12th day of August, 2016
JUDGMENT
The petitioner has filed this Writ Petition saying that the respondents are not taking any action to remove the unauthorised construction even after issuing orders on her representation Ext.P1 as per the endorsement made on 17.3.2009 of the Revenue Divisional Officer and the letters Exts.P2 and P3 issued by the Additional Tahsildar to the Circle Inspector of Police seeking protection for removal of the waiting shed at Mampettapaddy junction and Ext.P3 letter addressed to the Assistant Executive Engineer seeking his assistance. According to the petitioner, the waiting shed is constructed in such a manner obstructing the ingress and egress to and from the petitioner's property.
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W.P(C) No.15013 of 2009-V
Officer directed the Additional Tahsildar, Chengannur to take necessary action after enquiring into the matter. The Additional Tahsildar, Chengannur inspected the site with the assistance of the 3rd respondent and found that the waiting shed was constructed using G.I Pipes and tin sheets and it was beneficial for the travelling public. It is stated that there was no obstruction caused to the petitioner for the ingress and egress and the construction is in PWD poramboke.
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W.P(C) No.15013 of 2009-V
The Writ petition is accordingly dismissed.
Sd/- (P.V.ASHA, JUDGE)
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2 issues framed by the court
Whether writ relief is justified when the petitioner alleges obstruction of ingress and egress to her property by a waiting shed constructed in PWD poramboke.
Whether the construction in PWD public land causes sufficient nuisance to warrant judicial direction for removal.
Vijayalekshmi Amma
The Revenue Divisional Officer, Chengannur
The Tahasildar, Chengannur
The Village Officer, Ala Village, Chengannur
The Assistant Executive Engineer, P.W.D.(Roads), Chengannur
The Circle Inspector of Police, Chengannur
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
