Disposed

Sulochana G. v. the State of Kerala

Kerala HC14 Dec 2020WP(C)/27724/2020

Case brief

AI extract

What is this about?

This High Court of Kerala disposed of a writ petition seeking redress for motor vehicle access issues to the petitioners' property due to a channel. The court directed the Assistant Executive Engineer to consider the application for constructing a bridge within six weeks.

What did the court decide?

Direction to the 4th respondent to consider and pass orders on the Ext.P6 application within six weeks from the date of receipt of a copy of the judgment.

Sulochana G. Vs the State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942

¶5

WP(C).No.27724 OF 2020(M)

¶6

PETITIONERS:

¶7

1 SULOCHANA G.,AGED 63 YEARS, VENGNINAVADAKKARIKU PUTHEN VEEDU, KAZHIVOOR, NELLIMOODU P.O., KANJIRAMKULAM, NEYYATTINKARA, THIRUVANANTHAPURAM-695524.

¶8

2 VIJAYAN, VENGNINAVADAKKARIKU PUTHEN VEEDU, KAZHIVOOR, NELLIMOODU P.O., KANJIRAMKULAM, NEYYATTINKARA, THIRUVANANTHAPURAM-695524.

¶9

BY ADVS. SRI.V.G.ARUN (K/795/2004) SMT.V.JAYARAGI SRI.R.HARIKRISHNAN (KAMBISSERIL) SRI.NEERAJ NARAYAN

¶10

RESPONDENTS:

¶11

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT/IRRIGATION, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶12

2 THE CHIEF ENGINEER, OFFICE OF CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, OPPOSITE TO MUSEUM, THIRUVANANTHAPURAM-695033.

¶13

3 THE SUPERINTENDING ENGINEER, CHANNEL SECTION OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM-695121.

¶14

4 THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION AND CHANNEL SECTION OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM-695121.

¶15

5 THE VILLAGE OFFICER, KANJRAMKULAM-POOVAR ROAD, POOVAR, KERALA-695525. BY ADV. SMT.VINITHA.B., GOVERNMENT PLEADER

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No.27724 OF 2020(M)

¶18

¶19

JUDGMENT

¶20

The 1^st petitioner claim to be a cancer

¶21

patient and the 2^nd petitioner is a person with physical disability. It is stated that there is a channel in front of their house, on account of which motor vehicles have no access to their property.

¶22

2. It is also stated that petitioners have already filed Ext.P6 application before the Assistant Engineer – the 4^th respondent, under Section 5 of Kerala Irrigation and Water Conservation Act, 2003 for permitting them to construct a bridge across the channel.

¶23

Therefore the writ petition is disposed of directing the 4^th respondent to consider and pass orders on Ext.P6 application, within a period of six weeks from the date of receipt of

¶24

a copy of the judgment. Sd/-

¶25

P.V.ASHA

¶26

¶27

WP(C).No.27724 OF 2020(M)

¶28

¶29

APPENDIX

¶30

PETITIONER'S EXHIBITS:

¶31

EXHIBIT P1	A TRUE COPY OF THE TREATMENT CERTIFICATE HEARING NO.RCC/2020/TC/3663 DATED 24/08/2020 ISSUED BY THE MEDICAL OFFICER IN CHARGE OF REGIONAL CANCER CENTER TO THE 1ST PETITIONER.
EXHIBIT P2	A TRUE COPY OF THE CERTIFICATE BEARING NO.490/2000/MCH DATED 25/01/2000 ISSUED BY THE MEDICAL BOARD OF THE MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM.
EXHIBIT P3	A TRUE COPY OF THE POSSESSION CERTIFICATE BEARING NO.2107/2019 ISSUED BY THE 5TH RESPONDENT VILLAGE OFFICER.
EXHIBIT P4	A TRUE COPY OF THE LAND TAX RECEIPT BEARING NO. KL01040604313/2019 DATED 16/08/2019
	ISSUED BY THE 5TH RESPONDENT VILLAGE OFFICER.
EXHIBIT P5	A TRUE COPY OF THE LOCATION CERTIFICATE AND SKETCH BEARING NO.2107/19 PREPARED AND
	ISSUED BY THE 5TH RESPONDENT VILLAGE OFFICER.
EXHIBIT P6	A TRUE COPY OF THE APPLICATION DATED 19/12/2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P7	A TRUE COPY OF THE LETTER DATED 25/09/2020 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P8	A TRUE COPY OF THE LETTER SEND BY THE 1ST PETITIONER TO THE 3RD RESPONDENT.

Sulochana G. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sulochana G. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Femina Siyad, Vs the Union of India

T.D. Jose Vs the Managing Director

Seema.E Vs a.Shajahan

Goodwill Power Company Pvt. Ltd. Vs State of Kerala

Kavya R., Vs the Medical Counseling Committee

Meenpedi Rafeeq Mohammed Vs Union of India