K.N.Krishnankutty and Anr. v. Assistant Engineer,Pwd(Roads) Section

Kerala HC9 Dec 2021WP(C)/21174/2011

Case brief

AI extract

What is this about?

Petitioners approached the court apprehending demolition of their compound wall due to road construction. Upon filing an affidavit stating the road and canals were already completed without affecting their property, the court observed that nothing survived and closed the writ petition.

What did the court decide?

Writ petition closed; future proceedings against petitioners shall be afforded due notice and hearing.

K.N.Krishnankutty and Anr. Vs Assistant Engineer,Pwd(Roads)… — Land Acquisition | Kerala HC (2021)

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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 MURALI PURUSHOTHAMAN

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THURSDAY, THE 9^TH DAY OF DECEMBER 2021 / 18TH AGRAHAYANA,

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1943

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WP(C) NO. 21174 OF 2011

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PETITIONERS:

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1 K.N. KRISHNAN KUTTY, AGED 63 YEARS, SON OF NARAYANAN, NOW RESIDING AT KURUVATHU HOUSE, KIZHAKKUMMURI, PERINGOTTUKARA P. O., THRISSUR TALUK - 680 571. 2 SRI. SOMASUNDARAM, AGED 56 YEARS, SON OF T.K. KRISHNAN, NOW RESIDING AT THACHANGULAM HOUSE, KIZHAKKUMMURI, PERINGOTTUKARA P. O., THRISSUR TALUK - 680 571.

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BY ADVS. SRI. SREELAL WARRIER SRI. C. DILIP SRI. B. RAGHUNANDANAN SRI. P.N. VIJAYAN NAIR

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RESPONDENTS:

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1 THE ASSISTANT ENGINEER, PWD(ROADS) SECTION, VALAPPAD, THRISSUR DISTRICT - 680 567. 2 THE ASSISTANT EXECUTIVE ENGINEER, PWD (ROADS) SUB DIVISION, CHAVAKKAD, THRISSUR DISTRICT - 680 506. 3 THANNIYAM GRAMA PANCHAYATH, SPECIAL GRADE, PERINGOTTUKARA P. O., THRISSUR - 680 565., REPRESENTED BY THE SECRETARY. 4 THE TALUK SURVEYOR, THRISSUR TALUK - 680 571.

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WP(C).No.21174 OF 2011

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5 K.R. VISWAMBARAN, SON OF KUNJAKKAN, KOTEKKAT HOUSE, KIZHAKKUMMURI, PERINGOTTUKARA P. O., THRISSUR TALUK - 680 571.

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BY ADVS. R3 - SRI. P. VIJAYA BHANU (SR.) - SMT. M.M. DEEPA R5 - SRI. V.V. SIDHARTHAN (SR.) - SRI. K.V. PRAKASH SRI. D.G. VIPIN SRI. V.A. JOHNSON VARIKKAPPALLIL SRI. UNNI SEBASTIAN KAPPEN SRI. FAISAL - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.21174 OF 2011

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JUDGMENT

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The petitioners approached this Court apprehending

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that the compound wall of the petitioners would be demolished on the basis of Ext.P9 sketch issued by the Public Works Department for the purpose of construction of Peringottukara – Chemmpilly Ferry road and alleging that the petitioners are holding Puramboke land. An affidavit dated 05.11.2021 has been filed by the petitioners stating that the work relating to the aforesaid road is already completed with side canals and the compound wall of the petitioners is not affected by the said construction of the road.

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Accordingly, the learned counsel for the petitioners submit that their property has not been required for the said road work and they have no grievance at pres ent.

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WP(C).No.21174 OF 2011

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The additional affidavit filed by the petitioners is

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taken to files and on the basis of the same nothing survives to be considered in the writ petition and recording the submission in the additional affidavit, the writ petition is closed. In case the Public Works Department initiates any proceedings as against the petitioners, the same shall be done only with notice and hearing to the petitioners.

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With the above direction, the writ petition is closed.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.21174 OF 2011

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	TRUE PHOTO NO.1542 OF	COPY 1977	OF OF	THE REGD. SALE DEED SRO, ANTHIKKAD.
EXHIBIT P2	TRUE PHOTO NO.1529 OF	COPY 1985	OF OF	THE REGD. SALE DEED SRO, ANTHIKKAD.
EXHIBIT P3	TRUE PHOTO NO.1844 OF	COPY 1985	OF OF	THE REGD. SALE DEED SRO, ANTHIKKAD.
EXHIBIT P4	TRUE PHOTO WRIT PETITI	COPY ON NO	OF .15	THE JUDGMENT IN 906 OF 2001.
EXHIBIT P5	TRUE PHOTO ISSUED UNDE ACT, 2005 B PANCHAYATH	COPY R THE Y THE TO 2N	OF RI 3R D P	THE COMMUNICATION GHT TO INFORMATION D RESPONDENT ETITIONER.
EXHIBIT P6	TRUE PHOTO THE 2ND PET INFORMATION	COPY ITION ACT,	OF ER 20	THE APPLICATION OF UNDER RIGHT TO 05.
EXHIBIT P7	TRUE PHOTO ISSUED BY T 2ND PETITIO INFORMATION	COPY HE IN NER U ACT,	OF FOR NDE 20	THE COMMUNICATION MATION OFFICER TO R RIGHT TO 05.
EXHIBIT P8	TRUE PHOTO THE 1ST PET INFORMATION	COPY ITION ACT,	OF ER 20	THE APPLICAITON OF UNDER RIGHT TO 05.
EXHIBIT P9	TRUE PHOTO AND A RECEN PROVIDED BY OFFICER TO THE RTI ACT	COPIE TLYT THE THE 1 , 200	S O PRE STA ST 5.	F THE COMMUNICATION PARED SKETCH TE INFORMATION PETITIONER UNDER
EXHIBIT P10	SKETCH SHOW EARLIER AND	ING T PROP	HE OSE	COMPARISON OF D LIE OF THE ROAD.
EXHIBIT P11	TRUE PHOTO DATED 20.07 PETITIONER ACT, 2005.	COPY .2011 UNDER	OF SU RI	THE APPLICAITON BMITTED BY THE 1ST GHT TO INFORMATION

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WP(C).No.21174 OF 2011

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EXHIBIT P12 TRUE PHOTO COPY OF THE REPLY DATED 06.08.2011 RECEIVED BY THE 1ST PETITIONER UNDER RIGHT TO INFORMATION ACT, 2005 TO EXT.P11 APPLICAIOTN. EXHIBIT P13 PHOTOGRAPHS (EIGHTEEN NUMBER) OF THE WRIT SUBJECT ROAD AND THE SIDE CANALS CONSTRUCTED BY THE RESPONDENTS OUTSIDE THE BOUNDARIES OF THE PETITIONERS PROPERTY.

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RESPONDENTS'S EXHIBITS:

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EXHIBIT R5(A) TRUE COPY OF THE SALE DEED NO.1097/1993 DATED 13.04.1993 OF ANTHIKAD SUB REGISTRY OFFICE.

K.N.Krishnankutty and Anr. v. Assistant Engineer,Pwd(Roads) Section

Case brief

What is this about?

What did the court decide?

K.N.Krishnankutty and Anr. v. Assistant Engineer,Pwd(Roads) Section

Case brief

What is this about?

What did the court decide?

What the court decided

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