High Court of Kerala granted two days to the petitioner to reply to an eviction notice for unauthorized occupation of highway land and directed the authority to hold a personal hearing before finalizing the matter.
Petitioner granted two days to file reply; authority directed to conduct hearing on 27.01.2021.
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 ANIL K.NARENDRAN
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
WP(C).No.1353 OF 2021(T)
PETITIONER:
SANEESH V.T. AGED 40 YEARS VALUPARAMBIL HOUSE, MUNDAKAYAM EAST P.O., KALLUPALAM KARA, IDUKKI DISTRICT.
BY ADVS. SRI.P.M.POULOSE SRI.P.D.BROONO
RESPONDENTS:
R BY SMT K.AMMINIKUTTY-SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No.1353 OF 2021(T)
JUDGMENT
The petitioner, who is conducting the business of manufacturing and sale of coffin boxes on the side of KumalyKottayam Road (KK Road) near Mundakayam Bridge, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 notice dated 12.01.2021 issued by the 1st respondent invoking the provisions under sub-section (2) of Section 26 of the Control of National Highways (Land and Traffic) Act, 2002. In Ext.P1 notice, it is alleged that the petitioner has made an unauthorised occupation on highway land, i.e., in NH 183, KM 160/900 (RHS), near Mundakayam Bridge. The grievance of the petitioner is that he is not afforded with sufficient time to submit reply/objection to Ext.P1.
also the learned Senior Government Pleader appearing for the respondents.
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WP(C).No.1353 OF 2021(T)
Ext.P1 notice, since the petitioner has made unauthorised occupation on highway land, i.e., in NH 183, KM 160/900 (RHS), near Mundakayam Bridge. In case, the petitioner submits reply/objection to Ext.P1 within a period of two days, the 1st respondent will consider the same before proceeding with the matter further.
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WP(C).No.1353 OF 2021(T)
The learned counsel for the petitioner would submit that the petitioner will appear before the 1st respondent on 27.01.2021 at 11.00 a.m. The said submission is recorded.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/20/1
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WP(C).No.1353 OF 2021(T)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE BEARING NO.DB1019/2013, KPLY DATED 12/1/2021 ISSUED TO THE PETITIONER BY 1ST RESPONDENT.
EXHIBIT P2 PHOTOGRAPH OF THE SITE.
2 issues framed by the court
Whether to grant time to the petitioner to file a reply to the eviction notice.
Whether to direct the authority to conduct a personal hearing before issuing a final decision.
2 provisions across 2 enactments
SANEESH V.T.
THE EXECUTIVE ENGINEER NATIONAL HIGHWAY
THE ASSISTANT EXECUTIVE ENGINEER NH SUB DIVISION
THE ASSISTANT ENGINEER NH SECTION
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
