The Kerala High Court disposed of a writ petition filed by a property owner alleging encroachment for highway widening. The court recorded the respondents' submission that no encroachment occurred and the property was not needed for road widening.
None granted; petition disposed of on recorded submission.
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.B.SURESH KUMAR
THURSDAY, THE 8TH DAY OF JUNE 2017/18TH JYAISHTA, 1939
WP(C).No. 8245 of 2017 (E)
PETITIONER:
M.B.MOIDU HAJI,
AGED 67 YEARS, S/O.MOHAMMED, PANATHUR, PANATHUR P.O., KASARAGOD DISTRICT, PIN-671 532.
BY ADV. SRI.T.K.VIPINDAS
RESPONDENTS:
1. THE DISTRICT COLLECTOR, CIVIL STATION, VIDYANAGAR, KASARAGOD, PIN-671123.
2. SUPERINTENDENT ENGINEER, PWD (ROADS AND BRIDGES), KASARAGOD.PIN 671 314
3. EXECUTIVE ENGINEER, PWD (ROADS AND BRIDGES), KASARAGOD.PIN 671 314
4. SECTION ENGINEER, PWD (ROADS AND BRIDGES), BHEEMANADI, P.O.VELLARIKUNDU, KASARAGOD DISTRICT, PIN-671533.
5. M.MOIDEENKUTTY HAJI, CHATTANCHAL HOUSE, CHATTANCHAL, P.O.THEKKIL, KASARAGOD DISTRICT, PIN-671541.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sdr/-
WP(C).No. 8245 of 2017 (E) ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS -----------------------------------
EXHIBIT P1- TRUE COPY OF THE PARTITION DEED NO.217/2005 OF SRO RAJAPURAM.
EXHIBIT P2- TRUE COPY OF B.T. RECEIPT ISSUED IN FAVOUR OF THE PETITIONER. EXHIBIT P3- TRUE COPY OF THE SKETCH OF THE PETITIONER'S PROPERTY.
RESPONDENT(S)' EXHIBITS NIL ------------------------------------------
/TRUE COPY/
PA TO JUDGE
sdr/-
P.B.SURESH KUMAR, J.
-------------------------------------------W.P.(C).No.8245 of 2017
---------------------------------------------------------------
Dated this the 8th day of June, 2017
J U D G M E N T
The petitioner has an item of property abutting the Kanhangad - Panathur State Highway. It is alleged by the petitioner that the officials of the Public Works Department and the contractor engaged by them are attempting to widen the said highway by encroaching upon a portion his property. The petitioner, therefore, seeks appropriate directions in the writ petition to prevent the alleged attempt of encroachment.
instructions, submits that the property of the petitioner is
W.P.(c).No.8245 of 2017
: 2 :
not required for widening the road and that no portion of his property has been encroached upon by the Department or the contractor engaged by it.
In the circumstances, the writ petition is disposed of recording the submission made by the learned Government Pleader.
Sd/- P.B.SURESH KUMAR JUDGE
rsr
1 issue framed by the court
Whether the writ petition regarding alleged encroachment for highway widening requires further adjudication.
M.B.Moidu Haji
District Collector, Civil Station, Vidyannagar, Kasaragod
Superintendent Engineer, PWD (Roads and Bridges), Kasaragod
Executive Engineer, PWD (Roads and Bridges), Kasaragod
Section Engineer, PWD (Roads and Bridges), Bheemanadi
M.Moideenkutty Haji
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
