Disposed

Raji Antony, v. State of Kerala

Kerala HC7 Dec 2021WP(C)/27907/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking a direction to tender evict encroachments and widen the Athani – Paravur PWD road. Due to lack of documentary substantiation for encroachment, the court instead directed the Commissioner, Kerala Road Safety Authority to consider a specific representation within two months.

What did the court decide?

Direction issued to the Commissioner, Kerala Road Safety Authority, Thiruvananthapuram to consider and pass appropriate orders on Exhibit P6 dated 16th November, 2021 within two months.

Raji Antony, Vs State of Kerala — Service and Employment | 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 THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 7^TH DAY OF DECEMBER 2021 / 16TH AGRAHAYANA, 1943

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WP(C) NO. 27907 OF 2021

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PETITIONER:

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RAJI ANTONY, AGED 45 YEARS S/O.ANTONY, THEKKANATH VEEDU, CHENGAMANAD P.O., ERNAKULAM DISTRICT, PIN-683 578.

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BY ADVS.

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E.C.POULOSE BOBBY RAPHEAL.C

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-682 031.

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2 THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT (ROADS AND BUILDINGS), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-682 031.

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3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROADS, OFFICE OF THE EXECUTIVE ENGINEER, CENTRAL CIRCLE, SH-16, ALUVA-683 101, ERNAKULAM DISTRICT.

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4 CHENGAMANAD GRAMA PANCHAYATH, CHENGAMANAD P.O., PIN-683 578, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY.

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5 THE SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION, CHENGAMANAD P.O., PIN-683 578, ERNAKULAM DISTRICT.

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6 THE TAHSILDAR, ALUVA TALUK, OFFICE OF THE TAHSILDAR, FIRST FLOOR, MINI CIVIL STATION, CIVIL STATION ROAD, ALUVA-683 544, ERNAKULAM DISTRICT.

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7 THE COMMISSIONER, KERALA ROADS SAFETY AUTHORITY, 4TH FLOOR, TRANS TOWERS, DPI, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

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8 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. BY ADV SHRI.ANIL K.MUHAMED, STANDING COUNSEL, CHENGAMANAD GRAMA PANCHAYATH

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W.P.(C).No.27907 of 2021

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SRI.K.R.RANJITH, GOVERNMENT PLEADER FOR R1, R3, R5, R6 & R8

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.27907 of 2021

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JUDGMENT

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Dated this the 7^th day of December, 2021

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S.Manikumar, C.J.

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Contending inter alia that there are encroachments on the Athani – Paravur PWD road, which causes traffic congestion and accidents and despite various representations have been made to the competent authorities not been responded, instant writ petition is filed, for a Mandamus directing the respondents to take effective steps to evict the encroachment from the puramboke land referring old survey, situated in

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the either side of Athani – Paravur PWD road at the portion which comprised in 4^th respondent – Chengamanad Grama Panchayat and increase its width.

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Petitioner has also prayed for a Mandamus directing the Secretary to Government, Public Works Department (Roads and Buildings), Thiruvananthapuram, the Executive Engineer, Public Works Department Roads, Ernakulam and the Commissioner, Kerala Road Safety Authority, Thiruvananthapuram – respondents 2, 3 and 7 respectively, to consider and dispose of Exhibits P4, P5 and P7 respectively.

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W.P.(C).No.27907 of 2021

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We have heard learned counsel for petitioner Mr.E.C.Poulose.

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Although, there are no supporting documents to substantiate

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the encroachment and accidents occurring at the subject place, materials on record discloses that mass petitions have been submitted and thereafter, representations have been made to various authorities and one such representation, Exhibit P6 dated 16^th November, 2021 has been made to the Commissioner, Kerala Road Safety Authority, Thiruvananthapuram - respondent No.7.

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Learned counsel for the petitioner submitted that it would suffice, if the representation submitted to the Kerala Road Safety Authority, Thiruvananthapuram, is disposed of.

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Considering the averments on the prayers sought for, Mr.K.R.Ranjith, learned Government Pleader, was put on notice. He submitted that Exhibit P6 representation dated 16^th November, 2021 submitted to the Kerala Road Safety Authority, Thiruvananthapuram - respondent No.7 can be considered and appropriate orders be passed, in accordance with law.

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Exhibit P6 representation dated 16^th November, 2021 submitted to the Kerala Road Safety Authority, Thiruvananthapuram - respondent No.7, is reproduced hereunder:

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W.P.(C).No.27907 of 2021

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“ BEFORE THE HON'BLE KERALA ROAD SAFETY AUTHORITY,

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THIRUVANANTHAPURAM

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COMPLAINT NO. 2021

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Petitioner : Raji Antony, S/o Antony, Thekkanath House, Chengamanad PO. Emakulam District, Phone 0744906656

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Sir,

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I am a local resident of Chengamanad. I am submitting this representation before your goodself to inform about the pitiable condition and resultant accidents and deaths caused in the AthaniParavur PWD Road (Ernakulam District) comprised in Chengamanad Grama Panchayath and for taking appropriate action

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Athani - Paravur PWD Road is a over crowed traffic road and which is the main road leading to Nedumbassery Airport and other important places. But due to encroachments of Purambokku land in either side of the road by the local residents, the width of the said road is very narrow, which preventing the easy traffic from this road For widening the width of the road, several mass petitions were submitted before PWD, Aluva, Chengamanad Grama Panchayath etc. Consequent which, Chengamanad Grama Panchayath filed application to the Revenue Department to take out measurement of the Government Purambokku land in that area as per old Survey and to evict the encroachments so as to increase the width of the road.

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So many road accidents have been taken in this area, several persons were died in the accident and also so many persons are still living with injuries caused from the road accident in this area. Since there is no mud road in either side of the road, it is very difficult for the pedestrians for their passage. Though similar complaints were

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W.P.(C).No.27907 of 2021

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sent to all other concerned authorities, no action has been taken and the road accidents are still continuing in these area. The inaction on the part of the authorities are violation of Natural Justice.

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Therefore, you are hereby humbly requested to take appropriate action to evict the encroachments in these area as per old survey, increase the width of the abovesaid road in question and also to make convenient passage to the pedestrians in either side of the road forthwith.

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Dated this the 16th day of November 2021.

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Complainant: Raji Antony. ”

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Placing on record the submission of the learned counsel for parties, a direction is issued to the Commissioner, Kerala Road Safety Authority, Thiruvananthapuram - respondent No.7, to consider and pass appropriate orders on Exhibit P6 dated 16^th November, 2021, in accordance with all statutory laws in force, within a period of two months from the date of receipt of copy of this judgment.

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Instant writ petition is disposed of accordingly.

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Sd/-

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S.Manikumar Chief Justice

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Sd/- Shaji P.Chaly Judge

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smv

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W.P.(C).No.27907 of 2021

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APPENDIX OF WP(C) 27907/2021

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PETITION	ER EXHI	BITS
Exhibit	P1	TRUE COPY OF THE M 10.01.2019 SUBMITT RESIDENTS TO THE T TALUK ALONG WITH I TRANSLATION.	ASS PETITION DATED ED BY THE LOCAL ALUK COMMITTEE, ALUVA T TRUE ENGLISH
Exhibit	P2	TRUE COPY OF THE R 19.01.2019 SUBMITT BEFORE THE 5TH RES ITS RECEIPT AND IT TRANSLATION.	EPRESENTATION DATED ED BY THE PETITIONER PONDENT ALONG WITH S TRUE ENGLISH
Exhibit	P3	TRUE COPY OF THE R 07.02.2019 SENT BY THE 1ST RESPONDENT POSTAL RECEIPT AND TRANSLATION.	EPRESENTATION DATED THE PETITIONER TO ALONG WITH ITS ITS TRUE ENGLISH
Exhibit	P4	TRUE COPY OF THE R 07.02.2019 SENT BY THE 2ND RESPONDENT POSTAL RECEIPT AND TRANSLATION.	EPRESENTATION DATED THE PETITIONER TO ALONG WITH ITS ITS TRUE ENGLISH
Exhibit	P5	TRUE COPY OF THE R 07.02.2019 SENT BY THE 3RD RESPONDENT POSTAL RECEIPT AND TRANSLATION.	EPRESENTATION DATED THE PETITIONER TO ALONG WITH ITS ITS TRUE ENGLISH
Exhibit	P6	TRUE COPY OF THE R 16.11.2021 SENT BY THE 7TH RESPONDENT POSTAL RECEIPT AND TRANSLATION.	EPRESENTATION DATED THE PETITIONER TO ALONG WITH TIS ITS TRUE ENGLISH

Raji Antony, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Raji Antony, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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