Petitioner challenged delay in removing an unauthorized bus shelter erected by respondents 6 and 7. Court affirmed unauthorized status and directed fourth respondent to remove the structure forthwith.
Directed fourth respondent to take steps to remove the unauthorized bus shelter forthwith.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.1346 OF 2019(P)
PETITIONER:
RAJESH KUMAR, AGED 44 YEARS S/O.PARAMESWARAN PILLAI, LATHA BHAVAN, THRIKKANNAMANGAL, KOTTARAKKARA, KOTTARAKKARA TALUK, KOLLAM DISTRICT, NOW RESIDING AT-6/1, GROUND FLOOR, 1ST CROSS, ANNAYAPPA BLOCK, BENSON TOWN, BANGALORE-46.
BY ADV. SRI.K.V.ANIL KUMAR
RESPONDENTS:
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W.P.(C) No.1346 of 2019
5 SECRETARY KAREEPRA GRAMAPANCHAYATH, KAREEPRA, KOTTARAKKARA TALUK, KOLLAM, PIN-691506
6 ADDL.R6.BIJU @ RAJESHKUMAR, S/O. PONNACHAN, P.J. BHAVAN, KADAKKODU, EZHUKONE (VIA), KOLLAM DISTRICT-691505.
7 ADDL.R7.RAMANAN, S/O. MADHAVAN, MARUTHIKKOTTU VEEDU, MAROOR, KUDAVATTOOR P.O., KOLLAM DISTRICT-691512.
(ADDITIONAL R6 AND R7 ARE IMPLEADED AS PER ORDER DATED 01/02/2021 IN IA 1/2019)
R5 BY ADV. SRI.M.R.SASITH R6-7 BY ADV. SRI.V.JAYAPRADEEP R6-7 BY ADV. SMT.ANN SUSAN GEORGE
SMT.G. RANJITA, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No.1346 of 2019
J U D G M E N T
It is stated that respondents 6 and 7 have erected an unauthorised bus shelter in front of the property of the petitioner situated within the limits of Kareepra Grama Panchayat. On noticing the existence of the said unauthorised bus shelter, the fourth respondent has affixed a notice in the bus shelter intimating the persons who have erected the same, to remove the same forthwith. It is stated by the petitioner that respondents 6 and 7 have not complied with the requirement of the fourth responde nt. It is alleged that nevertheless, the fourth respondent is not taking any action for removal of the unauthorised bus shelter which is causing inconvenience to the petitioner. The petitioner therefore seeks appropriate directions in this regard in the writ petition.
learned Government Pleader, learned counsel for the fifth respondent Panchayat as also the learned counsel for respondents 6 and 7.
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one has been affirmed by both the learned Government Pleader as also the learned counsel for the fifth respondent Panchayat. Learned counsel for respondents 6 and 7 submits that the said respondents have nothing to do with the bus shelter.
In the circumstances, the writ petition is disposed of
directing the fourth respondent to take steps to remove the unauthorised bus shelter referred to in the writ petition forthwith.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV
W.P.(C) No.1346 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 13.12.2018 ISSUED BY THE VILLAGE OFFICER. |
|---|---|
| EXHIBIT P2 | A COPY OF PHOTOGRAPH OF THE WAITING SHED ADJACENT TO EDAKKIDOM-ODANAVATTOM PUBLIC ROAD. |
| EXHIBIT P3 | A TRUE COPY OF THE COMPLAINT DATED 21.11.2018 BEFORE THE 4TH RESPONDENT. |
| EXHIBIT P4 | A PHOTOGRAPH OF THE NOTICE AFFIXED ADJACENT TO THE WAITING SHED. |
| EXHIBIT P5 | A TRUE COPY OF THE REQUEST DATED 17.12.2018 BEFORE THE 4TH RESPONDENT. |
| EXHIBIT P6 | A TRUE COPY OF THE REQUEST DATED 17.12.2018 BEFORE THE 3RD RESPONDENT. |
| EXHIBIT P7 | A TRUE COPY OF THE REQUEST DATED 17.12.2018 BEFORE THE 2ND RESPONDENT. |
2 issues framed by the court
Whether the fourth respondent is directed to remove an unauthorized bus shelter erected by citizens 6 and 7 in the petitioner's premises.
Whether lack of compliance by respondents 6 and 7 warrants affirmative relief against the fourth respondent.
RAJESH KUMAR
THE DISTRICT COLLECTOR, KOLLAM
THE EXECUTIVE ENGINEER PWD ROADS DIVISION, KOLLAM
THE ASSISTANT EXECUTIVE ENGINEER PWD ROADS SUB-DIVISION, KOTTARAKKARA
THE ASSISTANT ENGINEER PWD SECTION OFFICE, EZHUKONE
SECRETARY KAREEPRA GRAMAPANCHAYATH
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
