Disposed

Velayudhan C.N v. State of Kerala

Kerala HC7 Feb 2020WP(C)/1575/2020

Case brief

AI extract

What is this about?

The Court disposed of two related writ petitions concerning encroachments on public roads. It directed the District Collector to constitute a team, identify encroachers, fix road boundaries with PWD assistance, and complete the removal process within three months.

What did the court decide?

District Collector to constitute a team, identify encroachers, fix boundaries with PWD assistance, and complete removal within three months; petitions disposed of.

Velayudhan C.N Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

¶5

WP(C).No.1575 OF 2020(V)

¶6

PETITIONER:

¶7

VELAYUDHAN C.N AGED 51 YEARS

¶8

S/O. NARAYANAN, CHANDRATHIL HOUSE, KEERAMPARA, KOTHAMANGALAM, ERNAKULAM-686 681

¶9

BY ADVS. SRI.PEEYUS A.KOTTAM SHRI.JOMON J. MALIEKAL SHRI. HRITHWIK D. NAMBOOTHIRI

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA

¶12

REP BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001

¶13

2 SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001

¶14

3 DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, COLLECTORATE, KAKKANAD,KOCHI-682 030

¶15

4 REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA,PIN-686 661

¶16

5 TAHSILDAR, KOTHAMANGALAM ERNAKULAM DISTRICT,PIN-686 663

¶17

6 CHIEF ENGINEER,PWD DEPARTMENT, THIRUVANANTHAPURAM,PIN-695 004

¶18

7 EXECUTIVE ENGINEER, PWD DEPARTMENT, THIRUVANANTHAPURAM,PIN-695 004

¶19

8 ASSISTANT EXECUTIVE ENGINEER, PWD DEPARTMENT, KOTHAMANGALAM,PIN-686 691

¶20

9 KEERAMPARA GRAMA PANCHAYATH KEERAMPARA, ERNAKULAM,PIN-686 681

¶21

[ WP(C).1575/2020, WP(C).28748/2019 ]

¶22

¶23

SPL GP ADV. SRI.K J MUHAMED ANZAR FOR REVENUE

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, ALONG WITH WP(C).28748/2019(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

[ WP(C).1575/2020, WP(C).28748/2019 ]

¶26

¶27

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶28

PRESENT

¶29

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶30

FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

¶31

WP(C).No.28748 OF 2019(P)

¶32

PETITIONERS:

¶33

1 K.P.VARKEY AGED 80 YEARS S/O.PAILY, KOLEMBEL HOUSE, THATTEKKADU P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686681.

¶34

2 BINY P.MATHEW, AGED 50 YEARS

¶35

S/O.MATHEW, PALLIMALIL HOUSE, KEERAMPARA P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686681.

¶36

BY ADVS.

¶37

SRI.ALEXANDER JOSEPH SMT.AKHILASREE BHASKARAN

¶38

RESPONDENTS:

¶39

1 THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶40

2 THE CHIEF ENGINEER, PWD ROAD (ADMINISTRATION), PUBLIC OFFICE BUILDING, MUSEUM P.O., THIRUVANANTHAPURAM.

¶41

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MUVATTUPUZHA-686668.

¶42

4 THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUBDIVISION, KOTHAMANGLAM-685603.

¶43

5 THE DISTRICT COLLECTOR, ERNAKULAM-682030.

¶44

6 THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA-686691.

¶45

7 THE THAHASILDAR,KOTHAMANGALAM-686691.

¶46

[ WP(C).1575/2020, WP(C).28748/2019 ]

¶47

¶48

8 THE DIRECTORATE OF SURVEY AND LAND RECORDS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695014.

¶49

9 ADDL.R9- SAJU VARGHESE, S/O.VARGHESE, PARAKKATTIL VEEDU, PARAD, KEERAMPARA P.O., KOTHAMANGALAM-686681.

¶50

10 ADDL.R10-SHAJU ALIAYAS, S/O.ALIAYAS, CHENGAMANADU VEEDU, PUNNEKKAD, KEERAMPARA P.O., KOTHAMANGALAM-686681.

¶51

11 ADDL.R11- GEETHA GOPI, W/O.GOPI, PUTHANPURA VEEDU, PUNNEKKAD, KEERAMPARA P.O., KOTHAMANGALAM-686681.

¶52

12 ADDL.R12- RAJAMMA RAMAKRISHNAN, W/O.RAMAKRISHNAN, KADAYATHU VEEDU, KOORIKULAM, KEERAMPARA P.O., KOTHAMANGALAM-686681.

¶53

13 ADDL.R13- WILSON GEORGE, S/O.GEORGE, PULLEN VEEDU, VELIYELCHAL, THATTEKKADU P.O., KOTHAMANGALAM-686681.

¶54

14 ADDL.R14- SHAJI KURIAN, S/O.KURIAKOSE, KALARICKAL VEEDU, OONJAPPARA, KEERAMPARA P.O., KOTHAMANGALAM-686681.

¶55

15 ADDL. R15- K.V.DAS, S/O.VELAYUDHAN, KADAYATH VEEDU, KOORIKULAM, KEERAMPARA P.O., KOTHAMANGALAM-686681.

¶56

16 ADDL.R16- SASIKALA DAS, W/O.DAS, KADAYATH VEEDU, KOORIKULAM, KEERAMPARA P.O., KOTHAMANGALAM-686681.

¶57

17 ADDL. R17- A.I.JOSE, S/O.IYPE, EDAICKADU VEEDU, PALAMATTAM, THATTEKADU P.O., KOTHAMANGALAM-686681.

¶58

18 ADDL.R18- BENNY VARGHESE, S/O.VARGHESE, EDAPPULAVAN STORES, PUNNEKKAD,KEERAMPARA P.O., KOTHAMANGALAM-686681.

¶59

19 ADDL. R19- ELDHOSE, S/O.PAILY, ORAVALAKKUDI VEEDU, PUNNEKKAD, KEERAMPARA P.O., KOTHAMANGALAM-686681.

¶60

20 ADDL.R20- JOSE, S/O.ULAHANNAN, PULLICHOTTIL VEEDU, PUNNEKKAD,

¶61

[ WP(C).1575/2020, WP(C).28748/2019 ]

¶62

¶63

KEERAMPARA P.O., KOTHAMANGALAM-686681.

¶64

21 ADDL.R21- JAYAN JEEV, S/O.JOSEPH, MAIPPAN VEEDU VELIYELCHAL, KEERAMPARA P.O., KOTHAMANGALAM-686681.

¶65

22 ADDL.R22- SARAMMA THOMAS, CHUNDANAL KOTTISSERIKUDY HOUSE, ERAPPUNGAL, CHELAD P.O., KOTHAMANGALAM-686681. (ADDITIONAL R9 TO R22 ARE IMPLEADED AS PER THE ORDER DATED 06.01.2020 IN I.A. 1/19.)

¶66

SPL GP ADV. SRI.K J MUHAMED ANZAR FOR REVENUE

¶67

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, WP(C).1575/2020(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶68

[ WP(C).1575/2020, WP(C).28748/2019 ]

¶69

¶70

JUDGMENT

¶71

Dated this the 7th day of February 2020

¶72

These both writ petitions are related to alleged encroachments on the roads passing between old Munnar road and Neriamangalam road. The petitioner in WP(C) No.1575/2020 seeks prayer to fix the boundary of old Munnar road and Neriamangalam road and to identify the encroachers and to remove such encroachers. Similar prayers have been made in WP(C) No.28748/ 2019 for removing encroachers from Kothamangalam-Perumbankuthu and PunnekkaduPalamattom roads at Punnekkad Kara of Keerampara Village. There were several litigations in this regard before this Court. It appears that some action has been taken to remove the encroachers.

¶73

In WP(C) No.28748/2019, some of the encroachers were impleaded. Though notices were served on them, they have not chosen to appear.

¶74

There are serious issues relating to the encroachment of the public road. Necessary action shall be taken by the District Collector to constitute a team to remove the encroachment. The District Collector, Ernakulam shall oversee the entire process related

¶75

[ WP(C).1575/2020, WP(C).28748/2019 ]

¶76

¶77

to removal of the encroachment with the assistance of the Executive Engineer and other officials. The District Collector shall also fix boundaries of the road after identifying the same with the help of the Executive Engineer of the PWD. The entire process for identification of encroachers and removal shall be completed within a period of three months.

¶78

The writ petition is disposed of as above.

¶79

Sd/-

¶80

A.MUHAMED MUSTAQUE

¶81

SAS/07/02/2020

¶82

JUDGE

¶83

[ WP(C).1575/2020, WP(C).28748/2019 ]

¶84

¶85

APPENDIX OF WP(C) 1575/2020

¶86

PETITIONER'S EXHIBITS:

¶87

EXHIBIT P1 TRUE COPY OF THE MINUTES OF THE RESOLUTION PASSED IN THE MEETING OF KEERAMPARA GRAMA PANCHAYTH HELD ON 31.08.2019

¶88

EXHIBIT P2

¶89

TRUE COPY OF THE LETTER DATED 06.09.2019 FORWARDED BY THE PRESIDENT KEERAMPARA GRAMA PANCHAYATH ADDRESSED TO REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, REQUESTING TO TAKE ACTION AGAINST THE ENCROACHERS IN ROAD AND PURAMBOKE ROAD

¶90

[ WP(C).1575/2020, WP(C).28748/2019 ]

¶91

¶92

APPENDIX OF WP(C) 28748/2019

¶93

PETITIONER'S EXHIBITS:

¶94

EXHIBIT P1 TRUE COPY OF THE LETTER DATED 13.07.2007 ISSUED BY THE ASSISTANT ENGINEER PWD ROAD SECTION KOTHAMANGALAM TO THE 1ST PETITIONER.

¶95

EXHIBIT P2 TRUE COPY OF THE SURVEY SKETCH ISSUED BY THE TECHNICAL ASSISTANT, CENTRAL SURVEY OFFICE, THIRUVANANTHAPURAM. EXHIBIT P3 TRUE COPY OF THE SURVEY SKETCH ISSUED BY THE TECHNICAL ASSISTANT, CENTRAL SURVEY OFFICE, THIRUVANANTHAPURAM. EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE CONSOLIDATED SKETCH OF EXHIBITS P2 & P3. EXHIBIT P5 TRUE COPY OF THE SKETCH OF KOTHAMANGALAM - PERUMBAKUTHU ROAD AND PUNNEKKAD - PALAMATTOM ROAD IN KEERAMPARA VILLAGE DATED 27.02.2008 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 24.11.1997 OF THE 5TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REPORT OF THE ASSISTANT ENGINEER, PWD ROAD SECTION, KOTHAMANGALAM. EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 06.09.2018 OF THE 1ST PETITIONER TO 3RD RESPONDENT. EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 05.08.2019 IN WP(C) NO.18828/2019 OF THE HONOURABLE HIGH COURT OF KERALA. EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 23.10.2019 OF THE 1ST PETITIONER TO RESPONDENTS.

¶96

RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE

Velayudhan C.N v. State of Kerala

Case brief

What is this about?

What did the court decide?

Velayudhan C.N v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Paster Varghese K Mathews Vs District Police Chief

V.K.Kumaran Vs the District Police Chief

U.Sreekanth Pai, Vs the Sub Inspector of Police

Chandrasekharan, Vs State of Kerala

Sivadasan, Vs State of Kerala

Chinnamma Mathew Kanayamplakkal Vs the Land Tribunal