Disposed

Savithri v. the Deputy Collector

Kerala HC5 Aug 2021WP(C)/12390/2021

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Kerala directed a public official and a private pipeline company to consider a petitioner's representation concerning an alleged change in pipeline alignment through her property within a specified timeline.

What did the court decide?

Directions issued to the respondents to consider the petitioners' representation within three weeks after filing a grievance.

Savithri Vs the Deputy Collector — Landlord and Tenant | Kerala HC (2021)

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WP(C) NO. 12390 OF 2021 1

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 5^TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943 WP(C) NO. 12390 OF 2021

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PETITIONER/S:

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1 SAVITHRI, AGED 82 YEARS, W/O. LATE SUBRAMANIAN, MOONATTU HOUSE, MUKKANNOOR P.O. ANGAMALY 683 577.

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2 BABU.M.S., AGED 53 YEARS, S/O. LATE SUBRAMANIAN, MOONATTU HOUSE, MUKKANNOOR P.O. ANGAMALY 683 577.

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BY ADVS. RAJESH SIVARAMANKUTTY R.S.SARAT K.VIJINA ARUL MURALIDHARAN

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RESPONDENT/S:

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1 THE DEPUTY COLLECTOR, (COMPETENT AUTHORITY), KOCHI-SALEM PIPELINE PVT.LTD., (KSPPL), KARUN ENCLAVE, IIND FLOOR, ROOM NO. B2, S.N. JUNCTION, THRIPUNITHURA 682 301. *2 ADDL.R2. KOCHI-SALEM PIPELINE PRIVATE LIMITED, REP. BY ITS CHIEF EXECUTIVE OFFICER, NEAR CHOICE PARADISE, MALAYIL MAJESTY BUILDINGS, ROOM NO.174-G, 2ND FLOOR, KARINGACHIRA, THRIPUNITHURA, ERNAKULAM - 682 301.

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WP(C) NO. 12390 OF 2021 2

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[ADDL.R2 IS IMPLEADED AS PER ORDER DATED 29.07.2021 * IN I.A.1/2021 IN WP(C)12390/2021.]

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BY ADVS. MARIAM MATHAI SAJI VARGHESE, SC

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SRI SAYED M THANGAL, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12390 OF 2021 3

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J U D G M E N T

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Petitioners state that they are the absolute owners in title and possession of property having an extent of 1 Ares and 75 sq.m. in Survey No.298/12 of Block 15 of Mukkannur Village. The grievance of the petitioners herein is that based on a request made by one of their neighbours, the alignment of the pipeline has been changed by the additional 2nd respondent. In the afore circumstances the 2nd petitioner has submitted Ext.P3 representation before the 1st respondent. Their prayer in this writ petition is for a direction to the said respondent to consider Ext.P3 within a time frame.

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When the writ petition has come up for admission, this Court had directed the petitioner to implead the ‘Kochi - Salem Pipeline Pvt. Ltd. represented by the Chief Executive’ as the additional 2nd respondent and the additional 2nd respondent was impleaded.

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Sri.Saji Varghese, the learned counsel appearing for the additional 2nd respondent submitted that the contentions of the petitioners are without merit. According to the learned counsel, there is no change of alignment and the contentions on those lines are baseless. It is further submitted that

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WP(C) NO. 12390 OF 2021 4

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since Ext.P3 is pending consideration, directions can be issued to the 2nd respondent to consider the same.

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Having regard to the facts and circumstances and the submissions made across the Bar, there will be a direction to the petitioner to approach the additional 2nd respondent and file a representation within a period of one week from the date of receipt of a copy of this judgment narrating his grievance. If such a representation is filed, the 2nd respondent shall consider the same, with notice to the petitioner and pass appropriate order on its merits expeditiously, in any event, within a further period of three weeks.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V,

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JUDGE

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sru

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WP(C) NO. 12390 OF 2021 5

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APPENDIX OF WP(C) 12390/2021

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PETITIONER(S) EXHIBITS:

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Exhibit P1 TRUE COPY OF THE NOTIFICATION NO. MKNR/275/18 (32) DATED 12.6.2019 UNDER SECTION 6 (1) OF ACT 50/1962 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER.

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Exhibit P2 TRUE COPY OF THE NOTIFICATION NO. MKNR/275/2018 (30) DATED 11.6.2019 UNDER SECTION 6 (1) OF ACT 50/1962 ISSUED BY THE RESPONDENT TO SUBRAMANIAN.

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Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 5.4.2021 SUBMITTED BY THE 2ND PETITION TO THE RESPONDENT. Exhibit P4 TRUE COPY OF THE POSTAL RECEIPT DOWNLOADED FROM THE SITE OF POSTAL DEPARTMENT REGARDING DELIVERY OF EXHIBIT P3 ON THE RESPONDENT.

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RESPONDENT(S) EXHIBITS: NIL

Savithri v. the Deputy Collector

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Savithri v. the Deputy Collector

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