Disposed

C. Thulaseedharan v. State of Kerala

Kerala HC10 Dec 2021WP(C)/28463/2021

Case brief

AI extract

What is this about?

In a Writ Petition (Civil), the High Court of Kerala directed the Project Director of Kerala Road Fund Board to consider the petitioner's representation regarding road construction hazards before tarring work commenced, then disposed of the petition.

What did the court decide?

Direction to the 2nd respondent/Project Director to consider the petitioner's representation before tarring work is completed.

C. Thulaseedharan Vs State of Kerala — Motor Accident Claims | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

¶4

FRIDAY, THE 10^TH DAY OF DECEMBER 2021 / 19TH AGRAHAYANA, 1943

¶5

WP(C) NO. 28463 OF 2021

¶6

PETITIONER/S:

¶7

C. THULASEEDHARAN, AGED 66 YEARS S/O. CHELLAPPAN PANICKER, TASMA, VADAKKUMKARA, VENGODU, PANACHAMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM-695 505

¶8

BY ADVS. V.G.ARUN (K/795/2004) V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL) NEERAJ NARAYAN

¶9

RESPONDENT/S:

¶10

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶11

2 THE CHEIF ENGINEER, KERALA ROAD FUND BOARD (KRFB), PMU DIVISION, PMG JUNCTION, PATTOM P.O., THIRUVANANTHAPURAM-695 001

¶12

3 ASSISTANT EXECUTIVE ENGINEER, KERALA ROAD FUND BOARD (KRFB), PMU DIVISION, PMG JUNCTION, PATTOM P.O., THIRUVANANTHAPURAM-695 001

¶13

4 ASSISTANT ENGINEER, KERALA ROAD FUND BOARD (KRFB), PMU DIVISION, PMG JUNCTION, PATTOM P.O., THIRUVANANTHAPURAM-695 001

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C) NO. 28463 OF 2021 ..2..

¶16

JUDGMENT

¶17

The petitioner is the owner in possession of 3.60 Ares of property comprised in Re.Sy.No.301/4 of Kunnathukal Village, Neyyattinkara Taluk, Thiruvananthapuram District. The petitioner is residing in the said property. There is also a commercial building in the property referred above. The property is situated near a busy junction called 'Nilamamoodu Junction'. According to the petitioner, there is a sharp curve in the road abutting the aforesaid property. The respondents have commenced the work of renovating the road in front of the property of the petitioner for the establishment of Malayora Highway. The respondents used to lay hollow pipes beneath the road to draw cable to avoid tampering of the road after tarring. However, in the portion of the road that abuts the property of the petitioner, the cables

¶18

WP(C) NO. 28463 OF 2021 ..3..

¶19

are laid on the surface of the existing road. According to the petitioner, laying the cables on the surface of the road would cause steep bumps on the surface of the road and this would cause water logging and other hazards to the petitioner's property and this will also be a reason for accidents at the junction.

¶20

Accordingly, the petitioner has filed Ext.P4 representation before the 2^nd respondent, who is also the Project Director of Kerala Road Fund Board, requesting to avoid laying pipes on the surface of the existing road or in the alternative to re-locate the pipes to other convenient location. Though the 2^nd respondent has acknowledged the receipt of Ext.P4 representation, so far no steps have been taken on the said representation.

¶21

Heard the learned Counsel for the petitioner and Sri.K.V.Manoj Kumar, the learned Standing Counsel for the respondents.

¶22

WP(C) NO. 28463 OF 2021 ..4..

¶23

In the facts and circumstances of the case, there will be a direction to the 2^nd respondent/Project Director, Kerala Road Fund Board to consider Ext.P4 representation, as expeditiously as possible, at any rate before the tarring work of the said road is completed. The writ petition is disposed of with the above direction.

¶24

MURALI PURUSHOTHAMAN JUDGE

¶25

SB/10/12/2021

¶26

WP(C) NO. 28463 OF 2021 ..5..

¶27

APPENDIX OF WP(C) 28463/2021

¶28

PETITIONER EXHIBITS

¶29

Exhibit P1	THE TRUE COPY OF THE SALE DEED NO.1891/2009, REGISTERED AT KUNNATHUKAL SUB REGISTRY
Exhibit P2	A TRUE COPY OF THE LAND TAX RECEIPT DATED 02.09.2021 ISSUED BY KUNNATHUKAL VILLAGE OFFICE
Exhibit P3	THE TRUE COPY BUILDING TAX CASH RECEIPTS ISSUED BY KUNNATHUKAL GRAMA PANCHAYAT
Exhibit P4	A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE CHIEF ENGINEER, KRFB, THIRUVANTHAPURAM-PROJECT DIRECTOR, KRFB DATED 06.02.2021
Exhibit P5	A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE ASSISTANT EXECUTIVE ENGINEER, KRFB, THIRUVANANTHAPURAM DATED 06.02.2021
Exhibit P6	A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE ASSISTANT ENGINEER, KRFB, THIRUVANANTHAPURAM DATED 06.02.2021

C. Thulaseedharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

C. Thulaseedharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K. Jayachandran Vs State of Kerala

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

M/S Jain Housing and Construction Ltd. Vs Kerala Real Estate Regulatory Authority

Pourvazhy Mayyathumkara Shafi Vs District Collector

Pious Antony Vs State of Kerala

Equity Intelligence India Private Limited Vs Deputy Commissioner of Income Tax